10.1.1 Product Liability Act
The scope of the Product Liability Act is limited to injuries caused by
unsafe products, whether to life, body, health, well-being, emotions or
property, but excludes damages caused to the unsafe product itself.
The term “product” covers all types of movable property, including
agricultural products and electricity, but excluding certain products
specified in subsequent Ministerial Regulations. Thus far, the types of
products which have been exempted include agricultural produce
grown by farmers that originated in Thailand, as well as drugs and
medical devices manufactured by public healthcare service providers
specifically to treat individual patients or animals, or those
manufactured pursuant to the public healthcare service provider’s
orders, provided that such drugs or medical devices have not been
manufactured for sale to the general public.
Under the Product Liability Act, a product is deemed unsafe if it
causes or is likely to cause damage. Damage, or the likelihood of
damage, may arise from production or design defects, inadequate
directions for use or storage, or lack of warnings or other necessary
information about the product. In determining whether or not a
product is unsafe, the court will take into account both the nature of
the product and its ordinary use and storage.
If a consumer suffers damage as a result of an unsafe product, the
relevant business operator may be liable to compensate said consumer.
The courts are empowered by the Product Liability Act to award
compensation for mental distress, as well as punitive damages of up to
two times the actual damages incurred. In this regard, “business
operator” means:
(i) manufacturers or hirers for manufacture;
(ii) importers;
(iii) sellers of products, if the products do not indicate the
manufacturer, hirer for manufacture, or importer; and