Legal Problems and Solutions on Unsafe Agricultural Machinery Product Liability

Abstract

This research is a qualitative documentary research, the researcher investigates the law enforcement problems on defective agricultural machinery product liability under the Product Liability Act B.E. 2551 (2008). The researcher ascertained that there are still many problems enforcing the provisions of the law as follows:
First, the problem of claiming damages against unsafe products, the researcher suggests to amend the definition of “Damage” which its definition should include damages caused by the “unsafe product”. Second, the problem of liability for unsafe agricultural machinery products that have not been sold to consumers, it is suggested that all operators should be jointly liable for any damages caused by unsafe products. Third, the problems with legal liability person, the researcher suggests amending the law that the last manufacturer is liable for any damages caused by unsafe products. It is also suggested to amend the definition of “Sell” to not include “Leasing”. Fourth, the problem of the burden of proof of third parties that was harmed by unsafe products, the researcher suggests amending the law that victims who are third parties do not have to prove the facts on whether the use or storage of the products is normal or not. Last, the issue of judicial discretion in determining psychological damage, the researcher suggests that the criteria for exercising the court's discretion should be more precise.