Japanese netizens have been shocked and angered by a story reported in the Nikkei Shimbun, in which the family of a 91-year old man with dementia were ordered to pay compensation to JR Tokai, after the man wandered onto the railway line and was hit by a train back in 2007.
The train company sued for compensation to cover losses caused by the train delays, and the judge ruled that the man’s wife, who was 85 at the time of the accident, and his eldest son were responsible, since they had failed in his care.
Many have called this a completely heartless judgement, that shows no regard for how difficult it is for families to take care of relatives with dementia — a key issue in an ageing society.
Do you think the train company deserved compensation? Or should the judge have had more consideration for the difficulties of caring for the eldery?
From Nikkei Shimbun:
Man With Dementia Dies After Walking On Railway Line, Family Ordered To Pay Compensation For Resulting Train Delays
On August 9, the judgement in a lawsuit brought by JR Tokai demanding compensation for train delays from the family of a man with dementia (91 years old at the time of the accident) who died after being hit by a train when he walked on the railway line, was delivered at Nagoya district court (Judge Ueda Tetsu presiding). JR Tokai claimed that the man’s family had not taken sufficient safety measures, and the man’s widow and eldest son have been ordered to pay total costs in the region of 7200000 yen [approx. $74743].
According to the details of the judgement, in December 2007, the man walked onto the track at JR Kyowa station in Obu, Aichi Prefecture, and died after a collision with a train on the Tokkaido main line. In February of that year the man had been diagnosed as an “elderly person with dementia, independence level 4”, which meant “constant care necessary”.
Judge Ueda said that in the moment that the man’s wife, who lived with him, had taken her eyes off him, he had gone outside, and that this had caused the accident. The judge acknowledged that “the fault lies with the wife in that she failed to watch over him”. He also ruled that the man’s eldest son, who lived apart from his parents, had been a “de facto carer”, and that “there were none of the crucial measures in place to prevent him from wandering off”.
The man’s family insist that to constantly watch over him was impossible, since his wife was 85 years old at the time of the accident. However, Judge Ueda indicated that the family did not take measures such as getting professional carers for the man. The judge stated that “The framework for this man’s care was based on the premise that his carers would not be distracted from watching over him, and thus they cannot evade the responsibility inherent in this failure”.
Comments from Twitter:
どこでもクリニック感護師つぼ:
That judgement is just unbelievable
カゴメ:
Judgement seems self-evident to me. 7200000 yen seems like a good deal for his family, seeing as they just left him without even employing carers.
Takehiro Nishimoto:
This is hideous. Doesn’t it make the families of those with dementia a risk factor? RT @masanork: A harsh judgement.
中川郁代:
I’ve heard of families where someone has committed suicide being asked to pay compensation, but to make someone pay for this reason is just too rough, even I thought that this was a really strange rationale.
tomo-pa*トモパンナ:
Cold blooded and heartless! RT @hg454561: To have been given this kind of judgement, I mean, come on, not everyone can have at home care!! You, judge, should try taking care of an elderly person with Alzheimer’s — just for one bloody day! And that man’s wife was 85 years old, too!
きのしたさん:
Generally speaking, this kind of case is pretty difficult to get to court, and what’s more the judgement on compensation is higher than “the going rate”. If you look just at the judgement, then it’s clearly a “ruthless” one. How on earth did it end up like this?
Bamse = Yowsuque 02:41
I’ve come across this judge’s name in a lawsuit over HIV caused by contaminated blood products, where he found the defendant not guilty. @May_Roma: I wonder if this judge even has a human heart? And are people who get angry over a delayed train even human? RT @hg454561
Chiho komoriya:
Make sure to remember this brute of a judge’s name. And then in the next election, make sure to put an x by his name.
のりペー:
It’s impossible to watch over someone for 24 hours a day. I object to this ruling. RT @miyake_yukiko35
バジル:
This is a pretty harsh ruling. I really sympathise with the dead man’s family. @miyake_yukiko35 In a rapidly ageing society, care is a serious issue. Judge finds “the fault lies with the wife in that she failed to watch over him”.
KOTATSU DE MIKAN:
We’re all the same as we get older. Are we really happy with a society like this?
EartHeartH:
What is happening to Japan!? Be it JR Tokai or Judge Ueda Testu, this ruling has made me see red.
Man with dementia dies after walking on railway track.
Man’s 85 year old wife and family ordered to pay 720000 yen in compensation.
せいちゃん:
What the hell, they have no reason to pay that 〜
紅夢:
I bet foreigners are going to think that Japan is a country that is cruel to its elderly.
