The Shock of “Zero Compensation” Even after 182 Buildings Burned Down in Oita… Lawyers Reveal the Brutal Realities of Liability for “Botakurifire”.

What about “smoking in bed” and “tempura oil”? 　Can you make a “claim for compensation” for a fire that broke out in a neighboring house?

On November 18, a large-scale fire broke out in Saganoseki, Oita Prefecture. On December 4, the Disaster Control Headquarters announced that the entire fire had been extinguished on the 17th day after it broke out, as the fire on the remote island that sparked the fire had also been extinguished.

The fire destroyed 182 houses. One person was confirmed dead, and the cause of the fire, which is believed to have originated from a private residence, is still under investigation.

Even if the fire is not as large as the one in Oita Prefecture, it is possible for a neighboring house to catch fire and cause damage. In this case, can the originator of the fire be held liable for compensation?

The Fire Liability Law stipulates that compensation can only be claimed if the originator of the fire is found to have been intentionally or grossly negligent.

Daisuke Izawa, a representative of Toranomon Sakura Law Office, who has handled a number of fire damage cases, says, “Gross negligence (gross negligence) is the most common cause of fire damage.

Gross negligence” is defined as “careless omission of something that could have been easily prevented with ordinary care. Examples include dangerous acts such as refueling an oil stove while the stove is still lit, or smoking in bed while drowsy from heavy drinking.

Would it also be considered gross negligence if, while deep frying tempura, a person leaves the pan and it catches fire?

The conditions under which a fire breaks out vary from case to case, and certain acts do not uniformly constitute gross negligence. It is a case-by-case basis, but in the case of an ordinary household, it is very rare to be charged with gross negligence for something as simple as forgetting to put out a fire. It is very rare for an ordinary household to be charged with gross negligence.

Mr. Izawa himself has rarely handled cases involving gross negligence for ordinary households.

Even if you consult with a lawyer after a fire broke out in your neighborhood, he or she will tell you that it would be difficult to hold them liable,” he said.

The most common case of gross negligence is when the fire started in a restaurant that handles fire as part of its business.

If the restaurant has premises liability insurance, the insurance company may pay compensation (insurance money), but even in such cases, it will be disputed whether the restaurant was grossly negligent or not. In many cases, compensation will not be obtained without a lawsuit.”

If it’s a restaurant fire, will you be compensated? Cases in which victims “cry themselves to sleep” even if a verdict is issued

At the end of 2004, there was a large-scale fire in Itoigawa City, Niigata Prefecture. The number of buildings burned down was 147. Of these, 120 burned to the ground. The cause was said to be a ramen restaurant that forgot to turn off the stove.

In this case, I think there is a good chance that a claim for damages will be legally accepted, but I don’t know if they were actually compensated. But we don’t know if they were actually compensated or not. Even if they had purchased liability insurance, the amount paid would generally be around 100 million yen, which would not be enough to pay for all the houses.

It would be impossible to pay for all the houses. Even if liability is legally recognized, if the perpetrator does not have the financial resources, he or she will not be able to pay.

What if the fire spread to two or three houses instead of a large one?

Even if you are found liable, you will not be able to rebuild your house. The value of the house will be determined by its market value. If the house is old, only a reasonable amount of money will be paid.

Heaven and Hell by “Market Value” and “Replacement Cost”… “Fire Insurance” Conditions Affecting the Rebuilding of Lives

If the restaurant is not found to be grossly negligent, no compensation will be paid. That payment will also be made after a trial or mediation. Moreover, the amount is not enough to rebuild the house. What should we do?

The answer is to purchase a fire insurance policy that covers the “replacement cost” of rebuilding the house in the event of major damage, such as a fire. That way, you can build a new house regardless of the age of the house.

Having fire insurance is important. Even if a fire in the neighborhood doesn’t burn down the house, it will be covered if it floods. This is true for both single-family homes and condominiums. When purchasing a condominium for sale with a mortgage, it is a requirement to have fire insurance. This fire insurance covers only the private areas. Common areas such as elevators and corridors are covered by fire insurance purchased by the condominium’s management association.

According to a survey by the General Insurance Association of Japan, nearly 1.2 billion yen was paid out in 67 cases of a major fire in Itoigawa City. This means that 80 of the 147 houses were not insured, which is surprising to hear that 1.2 billion yen was paid out, but on a per-house basis, it amounts to less than 20 million yen. That’s not a lot of money to rebuild a house. If you have replacement cost coverage, you can be assured of peace of mind, but the premiums can be four to five times higher than if you did not have replacement cost coverage.

Compensation is almost unreliable,” he said. We have to rely on insurance to rebuild our lives, but there will be a conflict with insurance premiums. I myself think that as long as I can save my life, I can get by, so the amount of fire insurance coverage I have on my home is moderate.

The best thing to do is to avoid a fire. ……