[Kumamoto Earthquake] “Put the Sales Proceeds in the Safe”: Employee Injured After Returning to Store; Company’s “Legal Liability” for Covering Up with “False Explanations”

There were errors and attempts to protect themselves

The wake for Kurumi Otake (22), who died after being caught up in the explosion at “Aeon Mall Kumamoto,” was held on August 2. On that day, the president and sales manager of “Habita,” the variety goods store where Ms. Otake worked, visited her bereaved family and said,

“We asked them, ‘If possible, could you please put the day’s sales into the safe? If you’re going to put it in, that is,’”

They revealed this, and the sales manager apologized, saying, “It was the wrong decision.”

Until then, company executives had given the bereaved family explanations that could be interpreted as self-preservation.

“A woman named Ms. A also died alongside Mr. Otake, but the sales manager initially explained to Mr. Otake’s family, ‘Ms. A said she wanted to go get her belongings, so the two of them returned to the store.’ He added that since he heard they were returning to the store, ‘I asked them to put the day’s sales into the safe if possible.’ He gave the same explanation to the media as well,” said a television director.

However, in reality, it was the company that instructed the two to return to the store.

“When the bereaved family, sensing something was off about the explanation, pressed him for details, the sales manager became flustered and admitted that there had been a mistake and an attempt to cover his own back—that the company had instructed them to return to the store. Although several media cameras and reporters were present at the apology session, some parts where the sales manager gave his false explanation were cut out because the session was running long.“We also didn’t air that part when we first reported the story on our news program,” said the director mentioned earlier.

However, when talk shows with ample airtime reported on the sales manager’s false explanation, Habita was flooded with criticism.

Damages ranging from several million to tens of millions of yen

Mr. Otake and his colleagues evacuated immediately and followed Aeon’s disaster prevention manual, which states, “Do not return to the store.” Even if the explosion could not have been anticipated, there was still a risk that the walls or ceiling could collapse. It would be understandable if Habita were held accountable for allowing employees to return to the building after a major earthquake struck.

Kenta Morimi, an attorney at the Morimi Law Office, explains:

“If store management instructs employees to return to the premises while knowing the danger, and those employees are subsequently killed or injured, the management could be charged with professional negligence resulting in death or injury (Article 211 of the Penal Code).If convicted of this offense, the penalty is imprisonment for up to five years or a fine of up to 1 million yen. The case will likely center on whether the party that issued the instructions could have foreseen the outcome and taken steps to avoid it—that is, whether negligence was present.

If the bereaved family files a civil lawsuit, claims for breach of contract or tort liability may be considered based on a violation of the duty of care for safety. If liability is recognized, the amount of damages awarded—which depends on factors such as the victim’s income level and the degree of negligence on the part of the company—could range from several million to tens of millions of yen.”

Due to the company’s misguided judgment, driven by greed for profit, the lives of two young people with promising futures—who should have survived—were lost.