DEVELOPMENT OF TORT LIABILITY LAWS ON DETERMINATION OF COMPENSATION FOR THE MENTAL HEALTH OF THE VICTIMS

Abstract

            This study investigated the evolution of tort liability laws concerning compensation for emotional distress suffered by victims’ relatives or close associates due to wrongful acts. Given the profound psychological consequences of tortious conduct, legal frameworks should adequately address emotional harm as a compensable category.

            The study employed qualitative research methods, including document analysis, expert interviews, and public opinion surveys. Findings indicated that the Civil and Commercial Code of Thailand lacked explicit provisions for compensating emotional distress, despite recognition of such claims in the Product Liability Act (2008). The absence of clear legal standards resulted in inconsistent adjudication of emotional harm claims.

            To address these gaps, the study recommended amending Sections 420 and 446 of the Civil and Commercial Code to explicitly define compensation mechanisms for emotional distress. These legal revisions would enhance clarity, ensure equitable remedies, and align Thai tort law with contemporary social and psychological understandings of emotional harm.