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In first, government and Tepco found liable for Fukushima disaster via The Japan Times

A court in Japan has ruled for the first time that the government and the operator of the crippled Fukushima No. 1 nuclear power plant were responsible for failing to take preventive measures against the March 11, 2011, quake-triggered tsunami that killed scores and forced tens of thousands from their homes.

Friday’s stunning ruling by the Maebashi District Court was the first to recognize negligence by the state and Tokyo Electric Power Co. Holdings Inc. It called the massive tsunami predictable and said the major nuclear disaster could have been avoided.

The district court ordered the two to pay damages totaling ¥38.55 million to 62 of 137 plaintiffs from 45 households located near the plant, which suffered a triple meltdown caused by the tsunami, awarding ¥70,000 to ¥3.5 million in compensation to each plaintiff.

The plaintiffs had demanded the state and Tepco pay compensation of ¥11 million each — a total of about ¥1.5 billion — over the loss of local infrastructure and psychological stress they were subjected to after being forced to relocate to unfamiliar surroundings.

Citing a government estimate released in July 2002, the court said in the ruling that “Tepco was capable of foreseeing several months after (the estimate) that a large tsunami posed a risk to the facility and could possibly flood its premises and damage safety equipment, such as the backup power generators.”

It pointed out that the state should have ordered Tepco to take bolstered preventive measures, and criticized the utility for prioritizing costs over safety.

Of the plaintiffs, 76 who lived in evacuation zones were forced to move, while another 61 evacuated voluntarily even though their houses were located outside evacuation zones. The ruling was the first of 30 similar class-action suits filed nationwide involving more than 10,000 plaintiffs.

About 80,000 citizens who had lived in Fukushima reportedly left the prefecture after the March 2011 disaster.

“I believe that the ruling saying both the government and Tepco were equally responsible is an important judgment,” Katsuyoshi Suzuki, the lead lawyer for the defense said at a news conference following the ruling. “But thinking about the psychological distress (the plaintiffs faced) after being forced to evacuate from their homes, I think the amount is not enough.”

 

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