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Thailand

Litigation           

Product liability in Thailand can be founded on contract, tort, the Unsafe Goods Liability Act and the Consumer Protection Act. Thailand’s Unsafe Goods Liability Act B.E. 2551 (2008) came into force in February 2009. The Unsafe Goods Liability Act imposes strict liability—that is, injured persons are required to prove only that they have suffered damage arising from normal usage of an unsafe product; they are not required to prove that any business is at fault. The Unsafe Goods Liability Act provides that business operators, such as manufacturers, importers, sellers, licensees and licensors, are jointly liable
to the injured party for an injury arising from the use of unsafe goods. An agreement or a notification which limits or excludes liability for damage caused by unsafe products is not enforceable.

The Unsafe Goods Liability Act also allows Thai courts for the first time to award compensation to an injured person for mental injury, and to order the business operator to pay punitive damages of up to two times the amount of actual damages.

Regulation          

The Unsafe Goods Liability Act and the Consumer Protection Act acknowledge the Consumer Protection Board (CPB) as Thailand’s main regulatory body for consumer matters. The CPB plays an important role in regulating the manufacture, distribution, advertising and recall of unsafe products. When CPB learns that a product may pose a safety risk, it is required to notify consumers immediately. CPB also has the power to file a lawsuit on behalf of consumers for damage arising from unsafe goods.

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Note past results are not guarantees of future results. Each matter is individual and will be decided on its own facts.