Not Bent Like Beckham

[Mulboyne]

In 2004, a pupil at an elementary school in Ehime prefecture lined up a free kick and sent the ball sailing over the school gates. The ball carried over into the adjoining road and knocked an 80 year old man off his motorbike. The man suffered injuries and developed cognitive impairment. Last year, he died after choking on food. The man's family sued the boy's parents and a court has now ordered them to pay compensation of 15 million yen (the family had sought 50 million yen). The court ruled that the boy could have foreseen his kick might head towards the road. The judge also agreed that the man's health problems stemmed directly from the incident rather than the onset of old age. As the boy was a minor at the time, the responsibility for damages lies with the parents. A lawyer interviewed by the Asahi said he can't give a definitive view on the decision because he doesn't know how busy the road usually is. However, he thought the decision seemed severe because the boy wasn't doing anything illegal in the grounds of the school. He thinks in any appeal, the parents might want to draw attention to the level of supervision in the school. It's unclear from the story whether the goal was part of a formal football pitch on the grounds or just an impromptu set-up for a kickabout.

Source (Japanese)

[bolt_krank]

Japan really does look up to America.

[Samurai_Jerk]

[Kanchou]

80 year-old fuckers shouldn't be driving motorbikes to begin with. People on gentsuki around here are so slow I could pass them on my bicycle. It's FRUSTRATING.

Balls fly out of schools all the time. You should be on constant lookout for stuff like this when on two wheels.

[legion]

should check what helmet he was wearing, if it was legal for the size bike he was riding, did it fit properly and was it strapped on

[Iraira]

Clearly it is the fault of the company that made the soccer ball. Had they made it out of a softer material, it wouldn't have caused the old guy to get injured and die eating what....shougatsu mochi?
It also might be worth suing gravity itself, as if it were 9.7 or 9.9 m/s^2 instead of 9.8, this senseless tragedy could have been avoided. It's such a weak force compared to electromagnetism, you can see why gravity, with it's inferiority complex, might lash out and cause this entire regrettable event.

[2triky]

Clearly it is the fault of the company that made the soccer ball. Had they made it out of a softer material, it wouldn't have caused the old guy to get injured and die eating what....shougatsu mochi?
It also might be worth suing gravity itself, as if it were 9.7 or 9.9 m/s^2 instead of 9.8, this senseless tragedy could have been avoided. It's such a weak force compared to electromagnetism, you can see why gravity, with it's inferiority complex, might lash out and cause this entire regrettable event.

It's clear that a divine wind, or kamikaze, is the real causative factor for this incident.

[nottu]

[Iraira]

A golf ball gets sliced off the tee and kills a child.
same thing?

If the child was riding a moped, yes.

[2triky]

All kidding aside, am I correct in assuming that there was no culpability assigned to the school itself? Culpability that might be assigned because the school did not erect a sufficiently high barrier, such as a wall or net, to prevent said incident from happening. Just curious.

[Samurai_Jerk]

[Screwed-down Hairdo]

Personally, I think this is one of those "shit happens" case that shouldn't have even made it to court and ruining this family financially...

I get the inkling that there's more to this case than meets the eye. As Japanese courts normally award compensation in cases involving deaths (as this was ruled to have eventually become) based on earning potential, the old geezer must have been doing something right if his rellies could squeeze 15 million yen from a suburban family even though the codger was well into his 80s and close to death anyway.
I have a sneaking suspicion that grandpa may have had something to do with the legal profession -- perhaps still a consultant of some sort? -- and it may have been a family business that needed supplmenting considering nowadays lawyers only make a measly 14 mil p.a. That, of course, is pure speculation on my behalf.

[sublight]

A golf ball gets sliced off the tee and kills a child.
same thing?

There's precedent for that, at least in the US.

Court: Shanked shots an expected risk

ALBANY, N.Y. -- Slices, hooks and other errant shots are a common hazard on the links and a golfer can't expect to get a warning shout of "Fore!" every time a ball comes his way, New York's top court ruled Tuesday in dismissing a personal injury lawsuit.

Dr. Anoop Kapoor and Dr. Azad Anand were playing on a nine-hole Long Island course in October 2002 when Anand was hit in the head while looking for his ball on a fairway, blinding him in one eye. The seven judges on the state Court of Appeals, siding with lower courts, said Kapoor's failure to yell in advance of his errant shot from the rough did not amount to intentional or reckless conduct.

[nottu]

[Samurai_Jerk]

[matsuki]

if you're going to fault someone, shouldn't it be the local government for not putting up a proper barrier to prevent balls from flying into traffic?

THIS X9999999999999999999999999999999

Even though TIJ, I can't fathom how the child/his family would be held liable here UNLESS it was his ball and he wasn't allowed to play with it on school grounds....and even then, liability would still probably fall with the school as the child was under their supervision, yes?

[Greji]

I was wondering what the full story was too. A decision like this really doesn't make sense in Japan.

You're right there SJ. Japan has a long history of responsibility in sports by the Schools, stadiums, or other recreational facilities when the point at issue is safety of participants, or on-lookers (or in this case definitely not looking on!).

It is hard to say the conditions, based on the original Japanese article. There has to be more to it than this. If it was a school sponsored practice, or game, the school is definitely responsible legally. The same would go for a soccer club which was legitimately using the facilities for a practice, or game. They or the school would be responsible based on usage agreement. The individual would not be responsible in any event.

The only thing I can figure that it was a pick-up game/play with a bunch of kids using the school's field when it was not occupied, or otherwise scheduled for school use. That would shift it to individual responsibility.

[Samurai_Jerk]

The only thing I can figure that it was a pick-up game/play with a bunch of kids using the school's field when it was not occupied, or otherwise scheduled for school use. That would shift it to individual responsibility.

Even then it depends. If the kids weren't breaking the rules by being there and using the field and weren't purposely try to kick balls over the fence, shouldn't it still be up to whoever runs the place to make sure it's safe? If there's not more to this story people should be wary of playing sports in public parks. Hitting a home run on a baseball field might put you in the hole for a lot of cheddar.

[Mulboyne]

[Level3]

OK. Wild theory.

The J prosecutor, looking for blood as they tend to do (gotta keep that 99% conviction rate), intimidated one of the kids involved, or played one off the other, into "confessing" that they intentionally kicked the ball at the man. The "confession" would not be admissible in court because they were minors or something (?) but the prosecutor would make sure the judge learned of it (unofficially) anyway. Thus the judge making this seemingly insane decision and a prosecutor makes his "norma" for the year.

The "old man had connections" theory is good, too.

[Mulboyne]

The J prosecutor...

It was a civil suit, not a criminal prosecution. There was no prosecutor.

[nottu]

[Screwed-down Hairdo]

On a side note - since I haven't gotten any red dots in a while - I'd like to say that the J-mopeder liti-alliigator was probably Jewish not Japanese.

Watch our Neo-Nazi residents give you greenies for that...

[Iraira]

On a side note - since I haven't gotten any red dots in a while - I'd like to say that the J-mopeder liti-alliigator was probably Jewish not Japanese.

Bored at 1:45am, ne:confused:

[Greji]

Bored at 1:45am, ne:confused:

"You must spread some Reputation around before giving it to Iraira again."

[Coligny]

Bored at 1:45am, ne:confused:

Who wouldn't be... have you 'enjoyed' the local weather these days... ?

[nottu]

[Ganma]

[Greji]

If appealed the school facility management could also be called into question

This is a very good point because there is also established case law in Japan about businesses and associations (which could easily be extended to schools) having responsibilities for safety of third persons injured on, or about their grounds (which would include from actions initiated from therein).

I think an appeal would have an excellent chance if they could get a good, or reasonable able lawyer...

[Level3]

Dammit, your reality trumps my crazy theory!

OK, next crazy theory.
I don't think I want to live here in 20 years, because odds are about 1:1 that in any given year 1 of the ever-growing percentage of the geezer population will zigzag his unlit bicycle up a highway on ramp - at night - the wrong way - and in front of your car, (and the your life is ruined by the civil suit), or crashes his car Mr. Magoo style into your home and severs 3 of your limbs, including the most important one, and National Health won't cover cloning the replacement member.