Tort Law
Consumer Case Procedures Act – 23 August 2008
The 2008 Consumer Case Procedures Act, effective from 23 August 2008, revises the former Consumer Protection Act. The statute of limitations has been extended to three years (or in special cases up to 10 years). The new Act may make it easier for victims of medical malpractice in Thailand to file legal actions against doctors and health service providers. Prior to the new Act, prosecutions against medical providers were difficult for certain defendants to maintain due to the burden of proof resting on the victims or victims' families and the costs and procedural burden of maintaining such legal actions. Under the current Act, the burden of proof has been shifted from the complainant to the medical provider. In addition, the Act applies to certain other professionals as well as medical professionals.
Product Liability – 13 February 2008
The Liability for Damages Caused by Unsafe Goods Act B.E. 2551 (the “Product Liability Law”), which will be effective for products sold on or after 20 February 2009, holds producers, parties commissioning the production of goods, importers, sellers or parties that hold themselves out to be any of the foregoing jointly liable for damages caused by unsafe goods sold to consumers, whether caused by the deliberation or recklessness of the entrepreneurs. The act adds important support personal injury claims in Thailand. The important aspects of the law are:
- injured parties are only required to prove that injury was caused by the goods from the liable parties and that the goods were used and stored in accordance with conventional practice,
- injured parties are not required to prove which liable party caused the damage,
- potentially liable parties have the burden of proving affirmative defenses, and
- potentially liable parties may be subject to pay compensation for mental or emotional injuries and in certain cases to pay punitive damages.
For further details, see “The Liability for Damages Caused by Unsafe Goods Act B.E. 2551”.
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