ปัญหาทางกฎหมายเกี่ยวกับการบังคับใช้พระราชบัญญัติความรับผิดต่อความเสียหายที่เกิดขึ้นจากสินค้าที่ไม่ปลอดภัย พ.ศ. 2551: ศึกษากรณีความรับผิดของผู้ผลิตด้านผลิตภัณฑ์ยา

Abstract

Currently, Thailand has enforced the Product Liability Act B.E 2551. It is a specific law for product liability. An injured person who suffers from unsafe products that caused damages to his life, body, hygiene or property can claim for damage. He can recover the damage by using strictly liability together with manufacturer liability. This thesis aims to study, analyze and compare with foreign laws regarding problems might derived from an application of pharmaceutical manufacturer liability. The analysis used a methodology of documentary research, such as textbooks, journals, legal commentaries, thesis both in the country and abroad, including searching from internet, judgement and other valuable articles.

Studies have found that in The United States, most courts do not use strict liability with pharmaceutical products in prescription because it is considered by the court that drug is the product which cannot avoid from safety. But in Japan strictly liability is used because Japan has Unsafe Product Verification and Alert Centre which employed preventative measures to safeguard problem from unsafe pharmaceutical product.

The researcher is of opinion that Thailand shall have the Drug Act B.E 2510 (revision) and now the draft drug bill has been reviewed by the council of state and approved by the council of minister. This drug bill shall provide both criminal penalties and civil liability of pharmaceutical manufacturers. It will be very helpful for consumers if this drug bill is effective. Therefore, it is important to apply pharmaceutical manufacturer liability with specific law drug.

Therefore, it is important to enforce the pharmaceutical manufacturer liability law. A medical drug manufacturer has to follow individual patients through treatment and prescriptions of the Product Liability Act B.E 2551 with the specifying draft drug bill.