Schadenersatz bei Suizid eines Nuklearopfers. Zur Entscheidung des Distriktgerichts Fukushima vom 26. August 2014

Abstract

This contribution examines TEPCO’s liability in cases of suicide by a victim of the Fukushima nuclear disaster. A recent decision by the Fukushima District Court of 26 August 2014 ordered TEPCO to pay damages to the heirs of a women, who, due to the disaster, had fled her home and out of desperation committed suicide. The authors, first, outline the evacuation measures taken, the liability regime applied and the various procedures available to the victims in order to claim compensation for their losses. Then, the Court’s decision is analyzed in detail with a special focus on issues of causation, contributory negligence and the calculation of damages. Finally, the authors undertake to put the decision into the broader context of Japanese tort law. As one of the first court decisions rendered on the liability for the Fukushima nuclear disaster this decision can be expected to have a major impact on future developments of the law.