(iv) persons who use a name, trademark, trade name, mark, or
statement that would lead to the understanding that they are
the manufacturer, hirer for manufacture or importer of the
product in question.
The Product Liability Act expands the concept of “strict liability”
under Thai law to mean that a business operator may not need to be at
fault to be liable for an unsafe product under the Product Liability Act.
Once a product is found to be unsafe, a business operator will be held
jointly liable with other relevant business operators to compensate the
injured persons, even if such business operator did not intend to cause
injury or was not acting negligently. The defenses available to
business operators include:
(i) that the product is not unsafe;
(ii) that the injured party already knew the product was unsafe; or
(iii) that the injury arose from the improper use or storage of the
product in a manner not in accordance with directions for
usage or storage, warnings, or information regarding the
product which have been reasonably, correctly and clearly
provided by the business operator.
10.1.2 Consumer Case Procedure Act
The Consumer Case Procedure Act applies to all cases arising from
the consumption of goods and services, and includes cases under the
Product Liability Act. The Consumer Case Procedure Act ensures that
consumers are given access to cheaper, quicker and simpler
proceedings. Consumers are allowed to file a complaint either verbally
or in writing. In this regard, they are initially exempted from court
fees; however, if the consumer loses the case, he/she will have to pay
such fees. For expediency, consumer cases are guaranteed a speedy
trial. A case administrator will be appointed by the court to assist
consumers in the process.