サービス産業と製造物責任法－ホテル・旅館業と飲食関連業者の場合を中心に－

抄録

The product liablity law of Japan became effective on 1 July 1995. The concept of product liability was proposed by the United States of America in the 1960’s. This law has been established and enforced by many countries, mostly the advanced nations of the world since then. The ground of remedial law for injeries of consumers is used to be based on the tort liability of the Civil Code. (from the Civil Code in Article 709 on) However, the torts apply not only injuries by products but also injuryies by all actions. When an injured party demanded a compensation for damages from the other party, it was difficult to give proof by the tort libility. And so it came to a settlement by the easy burden of proof of the product liability law. What kinds of cases do the botel and the restaurant related industries have to take the responsibility? How do they have to prepare for prevention on injury? This report made the product liability law clear with reference to the authentic law and the precedents when the distributor, including the manufacturer take the responsibility.