The most shared story on Facebook today was the shocking story of a mother held responsible to pay 95 million yen (around $947245) for a bicycle accident caused by her son while he was still in elementary school.
While the accident has left a woman in her sixties in a coma from which she has yet to recover, netizens have been shocked by the judge’s ruling, which not only placed responsibility squarely with the boy’s mother, but which also awarded an amount of compensation that is almost unheard of for a bicycle accident.
Although the Facebook comments suggest that the ruling has been effective in making people think of the dangers of bicycles, it also brought out the entrepreneurial spirit in Japanese insurance companies, who reposted the story on Facebook in an attempt to frighten their customers into taking out additional insurance…
From Asahi Shimbun:
Parent Ordered To Pay 95 Million Yen Compensation In Accident Where Boy Hit Woman With His Bike
On June 4, a decision was given at Kobe District Court in a case that questioned the responsibility of the parent of a boy (15) who hit a woman with his bicycle and left her in a coma. The boy was in the fifth grade of elementary school at the time of the accident. Judge Tanaka Tomoko ruled that “[The parents] did not sufficiently instruct the child such that he would not cause an accident”. The judge ordered the boy’s mother to compensate the plaintiff and the insurance company that paid out insurance money for her injuries to the sum of 95 million yen [approx. $947245].
According to the judge’s ruling, on the evening of September 22, 2008, the woman was hit while she was taking a walk with an acquaintance when the boy came down a hill in Kita ward, Kobe, on a mountain bike at a speed of 20 – 30 km/h. The woman’s skull was fractured, and she has still not regained consciousness.
The ruling stated that “The cause of the accident was that the boy had not looked ahead carefully”. The boy’s legal team denied gross negligence, saying that “He was not riding the bike dangerously, and had even had regular instruction”, however the judge decided that as the boy’s sole guardian, his mother had not sufficiently fulfilled her obligation to supervise him. Consequently, taking into consideration the woman’s loss of earnings, which she had been unable to earn due to the accident, as well as nursing fees, the judge stated that the boy’s mother was liable to pay out 35 million yen to the woman, and 60 million yen to the insurance company.
Comments from Facebook:
山本 訓士:
According to this article, the mother was a single parent.
If she doesn’t have any liability insurance, then I think she’ll have to pay it at her own expense, but could she actually afford to pay 95 million yen in the end?
No matter how high the sum of compensation recognised, I guess that ultimately it’s just going to be that old “pie in the sky” story, and the woman will just be left crying and unconscious…?
本間晴彦事務所 （保険代理店): [An insurance company]
Parent Ordered To Pay 95 Million Yen Compensation In Accident Where Boy Hit Woman With His Bike
For those of you who ride a bike, it is essential that you take out bicycle insurance, as well as personal liability insurance….
えらべる保険ショップ: [An insurance company]
From today for three days the Shonan Hiratsuka Tanabata Festival begins! (^^)!
It’s been awfully busy since this morning (^_^)
And…while we’re all in festival mode….yesterday, a decision was made in the bicycle accident case (a boy who was in fifth grade of elementary school at the time of the accident).
Everyone, please be careful.
有限会社 三陽損保: [an insurance company]
Even in cases where children cause bicycle accidents, the parents’ responsibility is being questioned.
You must teach your children the correct rules and manners when riding a bicycle.
And also you mustn’t forget to take out insurance for them too!
関 聖二:
I think that this kind of thing sets a good precedent.
斎藤 伸:
This is a terrible situation.
Our sun has been going to high school on his bike for the past three years, so it’s pretty worrying.
十文字 参太:
This article made me think of a lot of things.
What is the crime of the boy who was a 5th year elementary school student at the time?
How do the parent and child live/how will they live?
What kind of child is he?
The hills in Kobe are pretty steep. So your speed coming down one would really be something.
I mean, aren’t they so tough that once you’ve come down one hill, you almost die going up the next one?
We should think about stuff like this, taking all the factors into consideration.
奥野 芳忠:
Scary
蟻末 由美:
I don’t want to let my kids ride a bike. Still, if you don’t let them ride their bikes, you feel sorry for them, so I tell them when they’re using their bikes that they have to be careful, but the thing is, kids get carried away when their parents can’t see them. Ah…frightens me.
落石 憲是:
Kid hits someone with a bike, parent ordered to pay 95 million yen in compensation!
So I guess now we all have to get bicycle insurance?
武田 幹雄:
This is an accident that is difficult and painful for everyone.
Let’s really take care!
城戸 克哉:
No matter how you look at this incident, the fact that they don’t report a thing about how the accident happened, and only report the sum of compensation is a problem.
At a speed of 20 – 30 km/h, even if you were coming down a steep hill, then as long as you had a bike in a good state of repair you would be able to stop.
What stands out to me about the way kids and school students ride their bikes is a lot of these kids try to stop their bikes with their feet and not with their brakes. I think that a break is about as effective at slowing you down as 4 or 6 pairs of legs.
Isn’t it necessary for parents to first of all guide their children, to teach them how to ride a bike properly, and to carry out proper repairs?
Yusuke Saito:
It’s too late to say all this once an accident has happened.
綿貫 健二:
I don’t think it’s only the mother’s fault…
But this is a really strict ruling.
吉田 努:
This could happen to any one of us! Let’s take care!
