The problem of compensation of victims arising out of product defects has been discussed since 1960s. In particular, large-scale accidents such as the tha-lidomide incident, the deforming SMON disease and the Kanemi PCB-mixed oil disease clearly pointed to the necessity of relief for victims. According to Japanese civil law, victims not only have to demonstrate the causation of defect in the product and damages, but also must prove the presence of negligence in the occurrence of the defect. However, the presence of negligence has usually been relatively easily admitted provided that the product is defective.
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