The Liability of Unsafe Products under Thai Product Liability Law 泰國產品責任法下的不安全產品責任
Due to economic recession led by COVID-19, some manufactures decide to reduce costs by changing production methods, designs, machinery or to reduce number of employees. These decisions may reduce costs and to help companies to survive, but it may also lead to lower quality goods. In the worst case, the lower quality goods may let the products become unsafe for its consumers to use under Thai Product Liability Act for Damage Caused by Unsafe Goods, hereinafter referred to as “Thai Product Liability Act”. Thai Product Liability Act has been in forced for 14 years, but there are only a few related cases judged by the Supreme Courts as most of the cases are settled before the final judgement.
由於 COVID-19 導致的經濟衰退，一些製造商決定通過改變生產方法、設計或機械或減少員工人數來降低成本。這些決定可能會降低成本並幫助公司生存，但也可能導致產品質量下降。在最壞的情況下，根據《泰國產品不安全貨物造成的損害責任法》(簡稱《泰國產品責任法》)，劣質商品可能會讓產品對消費者不安全。《泰國產品責任法》已經強制執行14 年，但僅有幾件最高法院審理的相關案件，因為大多數案件在最終判決之前已經和解。
There are several types of entrepreneurs and business operators identified under the Product Liability Act as “potentially liable parties (“PLPs”) who may be penalized under the laws”:
Ø Manufacturers or hirers
Ø Goods which the manufactures, hirers, or importer cannot be identified
Ø Any other parties who use the name, trade name, trademark or statements of the alleged unsafe products or acts in a manner that causes from to be seen as manufactures, hires, or importers.
In addition, “product” is any kind of movable property which has been manufactured or imported for sales under the Product Liability Act, which includes agricultural products and electricity, but excluding these rules out by ministerial regulations. Therefore, real estate buyers are protected by Thai Civil and Commercial Code and Consumer Protection Act. Furthermore, “unsafe products” is classified as product which causes or may cause damage or injury due to a manufacturing defect, design defect, or lack of clear warning, instructions or other information about usage, maintenance, or preservation of the product under the Product Liability Act.
To claim damage, the aggrieved parties only need to prove that they suffered damage or injury from the PLP’s product, and that they had used and maintained the product properly. The aggrieved party does not need to prove which PLP caused the damage of injury. When PLP is facing claims, they can provide one of the following to avoid liability:
若要主張損失，受害方只需證明他們遭受PLP 產品的損壞或傷害，並且已經正確使用和維護該產品。受害方無需證明哪位PLP造成傷害損害。當 PLP 面臨索賠時，可以提供以下其中一項以避免責任：
Ø The product was not unsafe
Ø The injured person was aware that the product was unsafe
Ø The injured person misused the product, even though there is clear information and warnings
If an aggrieved party wants to claim, it can either file a lawsuit in any court which has jurisdiction or by filing complaint at the Consumer Protection Board. In addition, foundation or association authorized by the Consumer Protection Board can file the complaint on behalf of the aggrieved consumer. The Consumer Protection Board is entitled under the Consumer Protection Act to order business owners to recall, destroy, or cease selling any unsafe products if the business owners fail to comply with the regulations.
 Officially it is Liability of Damages Arising from Unsafe Products Act.
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