LIABILITY FOR DAMAGES EMERGING FROM
UNSAFE PRODUCT ACT,
B.E. 2551 (2008)
BHUMIBOL ADULYADEJ, REX.
Given on the 13th Day of February B.E. 2551;
Being the 63rd Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have the law on liability for damages emerging from unsafe product;
This Act contains certain provisions in relation to the restriction of right and liberty of person, in respect of which section
conjunction with section 43 of the Constitution of the Kingdom of Thailand, so
permit by virtue of law;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows:
Section 1. This Act is called the “Liability for Damages Emerging from Unsafe Product Act, B.E. 2551 (2008)”.
Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.
Section 3. If the provisions of other laws specifically prescribe the liability for damagess emerging from unsafe product and such provisions provide more protection to the injured person than the provisions of this Act, such provisions shall be prevailed.
Section 4. In this Act:
“Product” mean all sorts of immovable property produced or imported for sale, including agricultural product and electricity, except for the product as prescribed by the Ministerial Regulation;
“Agricultural product” means product produced through any kind of such agriculture as paddy farming, farming, gardening, livestock rearing, aquatic animal rearing, sericulture, lac culture, mushroom cultivation, but not including natural product;
“Production” means make, mix, blend, improvement, assembly, invent, transformation, change, modification, selection, distribution, freezing or radiation as well as any other act done in similar character;
“Injured person” means a person who gets damages emerging from unsafe product;
“Damages” means damages emerging from unsafe product irrespective of whether there is damages to life, body, health, sanitary, mental or property, but not including damages to such unsafe product itself;
“Mental damages” means hurt, pain, fearfulness, concern, grief, disgrace or any other mental damages with similar nature;
“Unsafe product” means a product which causes or may cause damages by its production or design or by failure to provide, or providing false or unclear, method of use, maintenance, warning or information related thereto with regard to condition of such product as well as normal method of use and maintenance of such product which may be expected;
“Sell” means sale, distribute, dispose of or exchange for commercial purpose, including rent out, hire purchase, provision as well as giving offer, induce or exhibition show for such purpose;
“Import” means bring or order the product into the Kingdom for sale;
(1) a producer or a person ordering the production of the product;
(2) an importer of the product;
(3) a seller of product in which its producer, the person ordering the production or importer is unable to identified;
(4) a person who uses his name, trade name, trade mark, sign, statement or expresses by whatever means which may make another person to understand that he is a producer, a person who orders the production or an importer of the product.
Section 5. All entrepreneurs shall be liable collectively to the injured person for damages emerging from unsafe product sold to the consumer without regard to their willfulness or negligence.
Section 6. In calling for collective liability under section 5, the injured person or the person under section 10 shall have to prove that the injured person is damaged from the product of the entrepreneur through normal use or maintenance of such product, but he is not required to prove that such damages emerging from any act of any entrepreneur.
Section 7. The entrepreneur shall not be liable to damages emerging from unsafe product if he is able to prove that:
(1) such product is not unsafe product;
(2) the injured person knows that such product is unsafe product; or
(3) the damages caused by the using method or maintenance which is not comply with correct and clear method of use, maintenance, warning or information related thereto as provided by the entrepreneur.
Section 8. The producer who produces the product for, and under the order of, another person shall not be liable to damages if he is able to prove that the unsafe cause of the product emerging from design of product prepared by the person who makes production order or from the compliance with the order of such person, and that unsafe cause is unforeseeable, and may not be foreseeable, by the producer.
The producer of any part of the product shall not be liable to damages if he is able to prove that the unsafe cause of the product emerging from design or assembly of the product or the determination of method of use, maintenance, warning or information related thereto as provided by the producer.
Section 9. Any agreement between the consumer and the entrepreneur made prior to the emerging of damages to, and any ex parte notification or notice made by the entrepreneur to, waive or limit liability of the entrepreneur on damages emerging from unsafe product shall not be defense as waiver or limitation of liability for damages.
For the purpose of this section, the consumer shall have the same meaning as “Consumer” as defined under the law on consumer protection.
Section 10. The Consumer Protection Committee and association and foundation certified by the Consumer Protection Committee under the law on consumer protection shall have the power to bring the case to the Court for and on behalf of the injured person. In this case, the provisions relating to class action under that law shall apply mutatis mutandis.
The class action made for and on behalf of the injured person under paragraph one shall be exempted from all fees other than fee to be paid when the case becomes final.
Section 11. Other than the compensation for wrongful act as prescribed by the Civil and Commercial Code, the Court shall have the power to determine compensation for damages in accordance with the following rules:
(1) compensation for mental damages resulting from body, health or sanitary damages of the injured person. If the injured person is death, husband, wife, ascendant or descendant of that person shall be entitled to compensation for mental damages;
(2) if it appears that the entrepreneur produces, imports or sells any product by knowing that such product is unsafe or failure to know that upon gross negligent, or the entrepreneur knows that such product is unsafe after production, import or sale, but he fails to provide appropriate measures to prevent the occurrence of damages, the Court shall have the power to order the entrepreneur to pay punitive damages in addition to actual damages determined by the Court. The punitive damages to be determined shall be the amount at the Court thinks fit, with regard to such circumstances as degree of damages of the injured person, knowledge of the entrepreneur on unsafe cause of the product, the period the entrepreneur conceals the unsafe cause of damages of the product, reaction of the entrepreneur when he acknowledges that the product is unsafe, benefit of the entrepreneur, financial status of the entrepreneur, relief of damages provided by the entrepreneur as well as injured person’s participation in the emerging of such damages, but the total amount of the punitive damages shall not exceeding two times of the actual damages.
Section 12. The claim for compensation of damages emerging from unsafe product under this Act shall be expired after the expiration of three years as from the date the injured person knows of his damages and the liable entrepreneur or ten years as from the date such product has been sold.
In the case where damages to live, body, health or sanitary resulting from accumulation of any substance intake into the body of the injured person or the presence of damages takes long period of time, the injured person or the person under section 10 shall claim for compensation of damages within three years as from the date the injured person knows of such damages and the liable entrepreneur, but not exceeding ten years as from the date such damages has known to him.
Section 13. The negotiation on compensation between the entrepreneur and the injured person or the person under section 10, the prescription shall stay until any party cancels such negotiation.
Section 14. The provisions of this Act shall not override the right of the injured person to claim compensation for damages under other laws.
Section 15. The product sold to the consumer prior to the date this Act comes into force shall not be subjected to this Act.
Section 16. The Prime Minister shall have charge and control of the execution of this Act and shall have the power to issue the Ministerial Regulations for the execution of this Act
Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.
General Surayud Chulanont
Published in the Government Gazette, Vol. 125, Part 36Kor, dated 20th February B.E. 2551 (2008).
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