8 December 2008

Liability for Damages Arising from Unsafe Products Act

2551 B.E.



BHUMIBOL ADULYADEJ REX.
Given on 13 February 2551 B.E.
Being the 63rd Year of the Present Reign

His Majesty King Bhumibhol Adulyadej is pleased to announce as follows:

Whereas it is deemed proper to have a law on liability for damage arising from unsafe products.

This Act has some provisions related to limits placed on the rights and freedoms of persons, permitted based on section 29 and 43 of the Constitution of the Kingdom of Thailand and the authority vested in the provisions of law.

His Majesty the King has provided this Act based on the recommendation and acceptance of the National Legislative Council as follows:

Section 1: This Act is hereby called “Liability for Damage Arising from Unsafe Products B.E. 2551.”

Section 2: This Act shall be effective beginning one year after its publication in the Government Gazette.

Section 3: In the event a law for liability for damage sustained from unsafe products is in existence which provides greater protection to the damaged party than stipulated in this Act, that law shall be enforceable.

Section 4: In this Act,

“Product” means all assets produced or imported for sale, including agricultural products and electricity. The exception being products prescribed in the Ministerial Regulations.

“Agricultural products” means products arising from agricultural activities, such as farming, animal husbandry, aquatic livestock, silkworm cultivation, lac cultivation, and mushroom cultivation, but shall not include products arising through natural processes.

“Produce” means making, combining, adding, creating, assembling, inventing, converting, altering, modifying, screening, packaging, freezing, exposing to radiation, or any other similar act.

“Damaged party” means person sustaining damage arising from an unsafe product.

“Damage” means damage arising from an unsafe product, regardless of whether the damage is to life, body, health, hygiene, mental state, or assets. This shall not include damage to the unsafe product.
“Damage to mental state” means pain, suffering, fear, anxiety, sorrow, shame or other similar mental damage.

“Unsafe product” means products that cause or may cause damage, regardless of whether it was caused by negligence during the production process or the design process. No guidelines being given for storage, or warning, or information related to the product, or guidelines being given but in an incorrect manner or vaguely so as to be improper when considering the condition of the product, including the normal method of use and storage for the product.

“Sell” means distributing, disposing, or exchanging for commercial benefit and includes leasing, lease purchasing, procuring, soliciting, and exhibiting as stated.

“Import” means bringing or ordering goods into the Kingdom for sale.

“Entrepreneur” means

Section 5: All entrepreneurs shall be jointly liable for damages occurring to the damaged party from an unsafe product sold to the consumer. This shall apply to intentional damages or damages arising from the negligence of the entrepreneurs.

Section 6: For the entrepreneurs to be liable according to section 5, the damaged party or his prosecuting representative, based on section 10, shall prove that the damaged party sustained damages from the product of the entrepreneurs, and the use or storage of the product was done in a normal manner. However, evidence shall not be required to the effect that the damages occurred from the Action of a particular entrepreneur.

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