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The story
It’s been reported that an Australian man who suffered a spinal injury after falling from a bridge near the Kanemori Red Brick Warehouse, a popular tourist spot in Hakodate, Hokkaido, has sued the city for ¥400 million in damages. A photo accompanying the original article shows a “Caution: Danger of Falling” sign that appears to have been installed after the accident. On 5ch, opinions split between those who stressed that the railing fell below the national safety standard (110cm high) and argued the city bears responsibility for its upkeep, and those who said the danger was obvious at a glance, making it the visitor’s own responsibility. Several posts also pointed out that other structures — such as Inuyama Castle and Hinomisaki Lighthouse in Izumo — likewise keep low railings in place to preserve their historic appearance.
[Breaking] Fall From Bridge at Photo Spot… Australian Man With Spinal Injury Sues Hakodate City for ¥400 Million — Near Tourist Spot Kanemori Red Brick Warehouse 〈Hakodate, Hokkaido〉
Published 10/1 (Thu) 10:25
Hokkaido News UHB
Source: news.yahoo.co.jp / Original article here
What people said
Tall old folks really do toddle along, huh.
It's a tough call between preserving the historic scenery and prioritizing safety.
The danger's obvious just by looking, so isn't it just a matter of being careful and walking closer to the center yourself?
Even kids would be careful, wouldn't they?
If a bunch of children had fallen, that'd be one thing…
but if it's an adult, isn't it just "watch out for yourself"?
It's a given that safety standards don't apply to historic structures, so that's a lost cause.
People go there to sightsee precisely because it's a historic structure.
In the US, every state has passed laws banning lawsuits that are too ridiculous.
Though I'm not sure how this particular case would be judged if it happened there.
I always pictured the West as "it's your own responsibility, no railings needed!" and Japan getting mocked for being overprotective — but I wonder if dangerous spots overseas are actually properly secured.
Is this the place?
What a joke…
If you can get sued for ¥400 million over something like this, nobody's safe — places like that are everywhere.
I wonder how much the filing fee alone would come to (the revenue-stamp court fee, which scales with the amount claimed).
Fall there and you're definitely dying.
I never even thought about falling, but that place is scary.
Everyone lines up and shuffles through in a crowd, so I went around too.
Izumo's Hinomisaki Lighthouse is pretty dangerous too.
So ugly.
Probably because more idiots like this keep showing up, right?
It was put up because of this accident.
Whoever installs a bridge railing has a duty to maintain it, so the scarier part is that nothing was done about it until now.
Overseas it's mostly "your own responsibility."
And unlike Japan, the railings there are serious business — cross them and it's basically certain death.
That's why there have been repeated fatal falls, including a Japanese tourist who tried to climb over the railing at Niagara Falls for a photo.
Climbing over with a Japanese sense of safety is dangerous.
"Female Student Found Dead After Fall at Niagara Falls"
(URL omitted)
She was visiting the Canadian side of Niagara Falls with friends and is believed to have lost her balance and fallen while sitting on top of the railing.
Thanks, so my image of it was right.
The Niagara case also mentioned something about a sudden gust of wind while she had an umbrella up — if that's true, it was pretty careless.
The Niagara railing looks sturdy, but it also looks easy to climb over.
People who file lawsuits like this pick their targets carefully.
If there really was a defect in the city-managed railing and that's what caused the accident, then getting sued can't be helped — but what's the actual situation?
It didn't meet the national standard at all and there wasn't even a warning, so it seems like the city could reasonably be found at fault for negligence.
For reference, the Ministry of Land, Infrastructure, Transport and Tourism's standard for railings meant to prevent pedestrians and cyclists from falling is 110cm.
Keeping a railing that doesn't meet current standards because it's a historic structure is fine in itself, but since the danger was foreseeable, the city has a duty to either implement safety measures or put up a warning.
I see. Then the real issue is probably what percentage gets offset for contributory negligence.
There are tons of railings under 110cm out there. What exactly is a "warning" even supposed to look like?
There's something called a retainer fee — the lawyer gets that regardless (success fees in Japan are typically paid on top, only if the case is won).
Entering the dangerous areas is prohibited, though.
Knowing us, we'd just land wrong and die.
So much for the scenery…
Background and Key Points of This Topic
The area around Hakodate’s Red Brick Warehouse district prioritizes preserving its historic streetscape, and the railing on the bridge in question appears to remain below the 110cm height standard set by the Ministry of Land, Infrastructure, Transport and Tourism. Structures that predate current codes aren’t illegal just for falling short of today’s standards, but if an accident was foreseeable, the party responsible for managing the structure can still be obligated to take safety measures or post warnings. Opinion in the thread split between the view that the risk of falling was visually obvious, making it the visitor’s own responsibility, and the view that the city can be held liable for negligent management, as the administrator of public infrastructure, for leaving a substandard railing in place — with how to interpret the sign installed after the accident serving as the dividing line. It’s also worth noting, something the headline alone doesn’t convey, that the ¥400 million figure is merely the amount claimed in the lawsuit; the amount a court would actually award would be determined separately, factoring in things like comparative negligence.
※This article is compiled as excerpts and a summary from the 5ch (News Speed+) thread「[Hokkaido] Fall From Bridge at Photo Spot… Australian Man With Spinal Injury Sues Hakodate City for ¥400 Million — Near Tourist Spot Kanemori Red Brick Warehouse」.
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