This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Liability for Damage Arising from Unsafe Products Act B.E. 2551 (2008)
Liability for Damage Arising from Unsafe Products Act B.E. 2551 (2008)
The information is reviewed and updated monthly against official sources.
In short
Makers and importers are strictly liable for unsafe products, no fault to prove: you recover losses, mental suffering and up to double in punitive damages.
Definitions: What counts as an unsafe product and who is liable
An "unsafe product" is a product that causes or may cause damage to a person, whether from a defect in manufacture, a defect in design, or a failure to give clear and adequate warnings, instructions or information about correct use and storage, taking into account the product's normal expected use. The parties who can be held liable (the "business operators" or entrepreneurs) include the producer or the person who commissioned the production, the importer who brings the product into Thailand, the seller who cannot identify the producer or importer, and anyone who puts their name, trade name, trademark or other mark on the product in a way that makes them appear to be the producer or importer.
Section 5: Strict and joint liability of business operators
All business operators in the supply chain are jointly liable for damage caused to the injured party by an unsafe product that was sold to consumers, regardless of whether the damage arose from an intentional act or negligence. This is a strict (no-fault) liability regime, so the injured person does not have to prove that the producer, importer or seller did anything wrong. Because liability is joint, the injured party may claim the full amount from any one of the liable operators.
Section 6: What the injured person must prove
To win a claim the injured party only needs to prove that they suffered damage from the business operator's product and that the product had been used or stored in a normal manner. The injured party does not need to prove which specific defect (manufacturing, design or warning) caused the harm, nor which operator caused it. This low burden of proof is a central protection for consumers under the Act.
Section 7: Defenses available to the business operator
A business operator can escape liability only by proving one of the recognized defenses, for example that the product was in fact not unsafe, that the injured person already knew the product was unsafe, or that the damage resulted from improper use or storage despite clear warnings and instructions that were correctly provided. The burden of proving these defenses lies on the business operator, not on the consumer. If the operator cannot prove a defense, liability stands.
Section 8: Waivers and disclaimers are void
Any agreement made with a consumer in advance that excludes or limits the business operator's liability for an unsafe product cannot be enforced. Likewise, a notice, label or statement intended to exclude or limit that liability has no legal effect. This stops sellers from using fine print or store signs to avoid responsibility before any damage occurs.
Section 11: Recoverable damages: mental damages and punitive damages
In addition to compensation under the general civil law for bodily injury, death and damage to property, the court may award damages for mental harm (pain, suffering, fear, anxiety, grief, shame or other similar mental distress) suffered by the injured person, and where the injured person dies a spouse, parents or children may claim for their own mental suffering. The court may also award punitive damages where the business operator produced, imported or sold the product knowing it was unsafe, failed to know it was unsafe through gross negligence, or learned it was unsafe and did not take reasonable steps to prevent the harm. Such punitive damages are capped at not more than twice the amount of the actual (compensatory) damages.
Section 12: Limitation period for filing a claim
A claim under this Act must be brought within 3 years from the day the injured person became aware of both the damage and the identity of the business operator responsible. In every case, a claim cannot be brought more than 10 years after the day the product was sold. For damage from accumulation of substances in the body or where harm takes time to appear, the law allows the claim to be brought within 3 years of knowing the damage and the operator, but not more than 10 years from the day the injured person became aware of the harm.