TOBACCO CONTROL LAWS

Heisei 11 Edogawa Government Case

Plaintiff filed suit against his employer, Edogawa Ward Government, for breach of its duty to provide a healthy and safe working environment, alleging that his lung disease had been caused by exposure to secondhand smoke in his office.  The plaintiff sued to recover his healthcare costs and sought punitive damages. The defendant argued that when the office building was built, its air filtering system satisfied the requirements of contemporary environmental laws and labor laws and that there was no evidence showing the causation between secondhand smoking and the plaintiff's lung disease. The Court found that the evidence showed no direct causation between secondhand smoking and the plaintiff's lung disease.  The Court, however, found that he defendant's failure to take reasonable measures to help relieve the plaintiff's suffering violated its duty to provide a safe working environment.  The Court denied the plaintiff's demand for healthcare cost recovery and partly granted the plaintiff's demand of punitive damages.

Tokyo Chiho Saibansho [Tokyo Dist. Ct.] Jul. 12, 2004, Hei 11 (wa) No. 13320, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).

  • Japan
  • Jul 12, 2004
  • Tokyo District Court
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Parties

Plaintiff Plaintiff A (原告A)

Defendant

  • Appointed Counsels of Edogawa government (被告C, 被告D, 被告E)
  • Government of Edogawa, Tokyo, Japan
  • Mayor of Edogawa (被告B)

Legislation Cited

Kokka Baishouho [National Compensation Act], Law No. 125 of 1947

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.
Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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