Our attorneys offer knowledgeable counsel to manufacturers, suppliers and distributors of consumer and industrial products in Thailand. We advise clients on how to respond to events that could lead to product liability, personal injury or property damage claims, and help clients manage the requirements of government regulatory agencies.
When litigation occurs, we manage client lawsuits and appear on their behalf in court. We defend all types of product liability matters including personal injury, wrongful death, punitive damages and commercial property damage. Juslaws attorneys are adept at defending corporate clients in complex product liability cases and mass tort litigation.
Consumer legislation is designed to protect consumers, to ensure fair trade competition and that product information is factually honest. In addition, the legislation aims to prevent businesses from gaining unfair advantage over competitors by engaging in fraudulent or unfair activities. This constitutes a form of governmental regulation that strives to protect a broad range of consumer rights.
Consumers have the right to sue businesses to seek damages, which may include a refund of a payment that has been made, payment for remedial work, an order for full or partial compensation for losses incurred, or a court order for strict performance of contract terms. Actual damages are considered compensatory and must arise from the breach or wrongdoing of the business operator.
Under Thailand’s Consumer Case Procedure Act, the burden of proof rests with the injured party. The plaintiff must prove to the court’s satisfaction the liability of the defendant and the extent and amount of damages suffered. Proof of the business operator’s underlying behavior must be shown for the court to award discretionary punitive damages. The injured party must present evidence that proves the business operator should be forced to pay punitive damages in addition to the actual damage award.
This burden of proof goes beyond showing that the defendant breached the contract or acted negligently. The injured party must, under the stipulations of the law, establish that the business operator acted with gross negligence or malicious intent, or breached a professional or public trust. If there is sufficient evidence to substantiate this, the court will likely exercise its discretion to award punitive damages.