In what’s no doubt one of the weirder lawsuits to come before the Japanese judicial system this summer, the Osaka High Court was recently tasked with deciding where the responsibility lies in an incident in which a ghost had its jaw broken by a karate master.
The lawsuit stems from an incident that took place over a decade ago. In September of 2011, a group of coworkers visited the Toei Kyoto Studio Park (also known as Toei Uzumasa Eigamura) theme park in Kyoto, as part of a company trip. In addition to filming locations for production company Toei’s period samurai movies and TV shows, one of the attractions the coworkers checked out was a haunted house.
One member of the group, a karate yudansha (a karate practitioner who has reached the upper/dan certification levels) entered the haunted house while holding hands with his companion. It’s unclear whether this was a sign of affection or to steady his nerves, but if it was the latter, it apparently failed to do the trick. At some point of the pair’s journey through the haunted house, a Toei Kyoto Studio Park staff member, dressed in a scary costume, emerged, and as soon as he did, the karate man lashed out with his right foot, kicking the park employee in the face and breaking his jaw.
Oh, and perhaps not coincidentally, the karate man had been drinking prior to entering the haunted house.
A lawsuit ensued, with the ghost/employee seeking compensation, and in 2015 a settlement was reached in which the karate man agreed to pay 10 million yen in damages. However, the karate man then filed his own lawsuit against the theme park’s managing company, saying that they too were responsible for the incident and should share the financial burden and cover a portion of the damages the karate man had agreed to pay.
The karate man based this claim on four factors:
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There was no partition or physical barrier between the “ghost” and guests
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The park had failed to train its employees to avoid attacks from customers
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The park failed to adequately inform customers that the haunted house contained human workers acting as ghosts
- The park should have prohibited the man from entering the haunted house because he had been drinking
It’s really not the most solid case. For starters, costumed staff acting as ghosts and monsters are the norm for walk-through haunted houses in Japan like the one at Toei Kyoto Studio Park, and without railings or walls separating them from the guests, so those features are really to be expected. With the vast majority of patrons able to make it all the way to haunted houses without assaulting the “ghosts,” it also seems like a bit too heavy of a responsibility to place on the park to train employees to block, dodge, or otherwise neutralize attacks, especially ones coming from trained karate experts. And finally, “Hey, this is your fault because I was drunk!” is pretty low on the list of convincing arguments when passing out blame.
And so in January of this year, an Osaka district court threw out the karate man’s suit, denying his request that Toei Kyoto Studio Park take on 4.8 million yen of the 10 million in damages the man had agreed to pay. The karate man then responded by filing an appeal with the Osaka High Court, upping his request to one that the park cover 7 million yen of the damages.
Last month, the High Court gave its ruling, and once again ruled in favor of the park. “While it is true that the aim of the staff portraying the ghosts to surprise customers, this is done with the understood principle that the haunted house is something that can be safely enjoyed,” said the court in its ruling. “Unlike within the story of a movie or TV show, the ‘ghosts’ are not actually attacking the customers, so there is no need for them to physically fight back,” the ruling continued, coming to the conclusion that “It is difficult to find any justifiable motive or logical rationale for [the karate man’s] actions.”
So remember, everybody, if you’re a trained fighter with speedy combat reflexes, easily startled, or drunk, you might want to skip the haunted house, and you definitely should if you’re all three of those things.
Source: Sankei Shimbun, Kyoto Shimbun
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25 Comments
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DurraSell
Summed up in two sentences.
Drunk Karate Man forgets his lessons in discipline and responsibility.
Sober Karate Man fails to spread the blame around for Drunk Karate Man's actions.
TaiwanIsNotChina
Yeah, no, charge him with assault with a deadly weapon.
TaiwanIsNotChina
A broken jaw is no joke, requiring months of recovery on a liquid diet. Absolutely horrifying to inflict that on someone.
falseflagsteve
What a terribly queer affair, than man is a cad and a blunder. He is using flaws in the law that allows him to drag this on indefinitely.
Civil law here is appalling, make no mistake.
Yubaru
Not a true "karate man" . He got what he deserved.
Yubaru
So? He is just exercising his rights. I suppose you would rather that he not have any?
obladi
This one was the kicker for me
Nice try there buddy
falseflagsteve
Yubaru
He attacked someone and using snidely tactics not to compensate his victim. Where have I mentioned his rights?
Aly Rustom
Its entirely his fault
tamanegi
Just another "meiwaku" drunk in public.
OssanAmerica
Civil case awards in Japan are a joke. But then lawyer's fees aren't through the roof either. So I guess it tends to limit frivolous cases based on attorney greed.
WA4TKG
Idiot
Lepyon
obladiToday 07:28 am JST
This one was the kicker for me"
Nice "punch" line!
Some dude
Here, on the street, in combat, in a haunted house, a ghost faces you, he is the enemy. The enemy deserves no mercy what is the problem Mr Ghost?
konjo4u
He probably would not have gone in had he not been drinking. I don't have anything against haunted houses, but I have jumpy nerves, too. Maybe if I got gassed up first I might go into one, but that doesn't seem to happen. Oh, and if I were a Karae man I would hope I had been taught techniques to use when attending social events other than first resorting to violence.
Random
The park failed by employing humans instead of real ghosts.
garypen
Usually, yes. But, this one was 10 million yen, which, at the time, was approx $85,000. That's pretty high for Japan.
DudeDeuce
Not going to join a Karate School taught by a sensitive chicken lol
smithinjapan
I love that, once again, a person here tries to justify what he did by saying he was drunk.
Newgirlintown
I don’t get it. Surely the kick would’ve just gone straight through the ghost like it wasn’t there?
NCIS Reruns
Even if inebriated, a person well trained in karate would know he's not in a life-threatening situation and would at the very most have adopted a defensive posture, not gone on the offensive. This kind of aggressive behavior ignores karate's fundamental teachings, making him a real danger to others.
Yubaru
Do you even know what you are writing?
桜川雪
Did the "ghost" grab him? Otherwise, I fail to see any reason to attack/defend oneself.
Yohan
How can you be scared if you are a karate expert and visit a 'ghost house', it's just fun. He paid an entrance fee and he should know what is inside. Of course no ghost, but mostly some coffins with a skeleton inside or horrible looking clowns and yes, sometimes it might be an employee of the theme park.
Just take it easy and laugh if the witch is coming after you with the broom. Some people really have no sense for humour at all.