Top court holds state liable for asbestos damage

NHK -- May 17

Japan's Supreme Court has ruled that the state and building material makers are liable for health damage suffered by construction workers who developed lung diseases caused by asbestos.

The top court on Monday handed down rulings on four claims for damages filed with district courts in Yokohama, Tokyo, Kyoto and Osaka by former construction workers and their bereaved families. This is the first such ruling by the Supreme Court on damage claims related to asbestos.

The plaintiffs say the former workers developed lung cancer, mesothelioma and other illnesses after inhaling asbestos at construction sites.

Presiding Justice Miyama Takuya of the top court said that the state government should have given guidance by 1975 about the risks of using asbestos at construction sites and the need for workers to wear dust-proof masks.

The ruling came after more than 1,200 affected workers and their surviving families filed lawsuits across Japan for damages against the state and manufacturers since 2008.

Every year, about 500 to 600 construction workers qualify for industrial accident compensation insurance for diseases caused by asbestos.

The latest decision by the top court is expected to influence relief plans under consideration by the government.

May 17 (Kyodo) - 建設現場でアスベスト(石綿)の含まれた建材を扱って粉じんを吸い、肺がんや中皮腫などの病気になった元労働者と遺族が、国と建材メーカーに損害賠償を求めた4件の集団訴訟の上告審判決で、最高裁第1小法廷(深山卓也裁判長)は17日、初の統一判断を示した。国の対策は違法だったとして賠償責任を認めた。メーカーも一定の範囲で責任を負うとした。