Product Liability Law of Thailand: Analysis of Conundrums under Current Related Laws and Regulations with a Comparative U.S. Approach to the Same Problems Using Contract and Tort Law

Abstract

The Thai legal system is a civil law system largely influenced by the legal tradition in continental Europe, especially Germany and Switzerland, and taking Japan as its model. One of the four basic codes of Thailand, the Civil and Commercial Code (CCC), is the most significant law governing the civil and commercial relationships of its people. As Thailand has no specific law pertaining to product liability despite the fact that an unsuccessful attempt is made by every government to introduce product liability legislation, the legal claims for product liability cases are principally based on CCC. Contract and Tort are the only tools available under CCC usually employed by litigants in the claims. Yet it is arguable that these tools, first codified in 1923 and last revised in 1925, are no longer sharp enough to bring about the proper redress to victims. Although certain types of products, for example, food, drugs, and cosmetics, are regulated by specific statutes, those statutes are intended to control the manufacturing behavior of the manufacturers and their safety standard without providing ways for consumers to seek compensation for product defects. As with the specific laws, the latest promulgated 1979 Consumer Protection Act (CPA) aimed at protecting basic consumer rights remains failing to deal with the problem. The first section of this paper discusses an overview of the contract and tort law of CCC, the specific laws and the CPA, and their approach to product liability problems. The drawbacks of each statute in helping consumers suffering loss or damage from defective products achieve compensation for their injuries are examined. The next section attempts to review the product liability laws of United States of America, focusing mainly on Contract and Tort, both in views of historical background and development. Last, this paper applies lessons from a comparative perspective and provides suggestions for further development of Thai product liability laws.