Act on Liability for Wrongful Act of Officials B.E. 2539

Abstract

The Liability for wrongful act of officials can be classified into three scenarios when disputes are brought before the Administrative Court: 1) Tort cases resulting from government officials exercising their powers under the law. 2) Tort cases caused by the issuance of unlawful regulations, administrative orders, or other directives. If such orders cause harm, the affected party can file a lawsuit with the Administrative Court. 3) Tort cases resulting from neglecting duties required by law, or performing them with excessive delay, causing damage to others. For example, in environmental cases, the court will determine whether officials failed to conduct an environmental impact assessment (EIA), or neglected to inspect pollution caused by a project. If negligence is found, the plaintiff may receive compensation.  Statute of limitations for filing a lawsuit: The affected party must file within 1 year from the time they became aware of the cause of action, but not more than 10 years from when the violation occurred.

In cases where officials' actions are not part of their official duties, or if the tort is personal, the official is personally liable. The government agency is not liable for personal torts unrelated to official duties, or the exercise of administrative power. In such cases, the injured party must file a lawsuit with the court of justice within 1 year from the time the violation occurred and knew of the responsible party, or not more than 10 years from the time of violation.