Problems in Determining Liability of The Business Operators for Damage from Unsafe Products

Abstract

Thailand is another country which is aware of this problem about insecurity which might happen because of the unsafe products. For this reason, Liability for Damage from Unsafe Products Act B.E.2551 (2008) was issued in an attempt to provide customer a protection and prevent business operator from performing any actions which violated customers’ rights. Besides, a punitive damage was also ordained in the section 11 of this Liability for Damages Arising from Unsafe Products Act B.E.2551 (2008). However, the act determined that the court has power to require the compensation of punitive damage form business operator not more than two times of the actual damage. Eventually, the punitive damage cannot be adequately enforced in case of punishing medium enterprises or large enterprises with large amount of fund used to run its business. Moreover, Thailand’s today real estate business is vastly extended especially in the capital city and major economically leading cities. But, these constructions are real estates which are not defined as “products” according to Liability for Damage from Unsafe Products Act B.E.2551 (2008), section Since the act ordained that “products” is every type of movable properties produced or imported for commercial purposes, including agricultural products and electronic currents. For this reason, real property does not suit the definition of the word “products” and customers who purchased the real estates do not gain the protection under this act. The definition of the word “products”, the real estate should be included in the category in order to give customers a wider coverage of protection.