Thailand’s Product Liability Act has been in force for six years but has not yet resulted in any landmark Supreme Court decisions. There are, however, many significant cases working their way through the legal system and business owners are beginning to feel the impact of the law, officially known as the Liability for Damages Arising from Unsafe Products Act.
Unfortunately, most business owners have limited knowledge of the Act and are unsure about what actions they can take to manage and mitigate the risk of being found liable when faced with an allegation of involvement with an “unsafe product”.
Generally speaking, a potentially liable party (PLP) under the Act can be any of the following: any individual or entity that manufactures (or authorises the manufacturing of); assembles; imports (including any seller of goods where the manufacturer, hirer, or importer cannot be identified); uses the name, trade name, trade mark, or statements; or acts in any manner that can cause them to be seen as a manufacturer, hirer, or importer; and who sold goods after Feb 20, 2009.
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