ปัญหาทางกฎหมายเกี่ยวกับการพิจารณาสินค้าที่ไม่ปลอดภัยตามพระราชบัญญัติความรับผิดต่อความเสียหายที่เกิดขึ้นจากสินค้าที่ไม่ปลอดภัย พ.ศ.๒๕๕๑

Abstract

 Thailand had enacted the Liability for Damages Emerging from Unsafe Product Act B.E. 2551 which came into force upon February 21, 2009. The main objective to enact this law is, in particular, to protect the consumers from suffering injuries or damages from unsafe products, and the essence of this Act is to adopt the strict liability to enforce the entrepreneurs, irrespective of designer, manufacturer, importer, or seller, causing the damaged consumers need not to verify the unsafe products, regardless of manufacture; design; or provision of recommendations, warnings, or information as essential for safe product consumption.

The criteria on consideration of the unsafe products are essences in this Act, because after consideration of the dangerous products and it is found that they are not the unsafe products, the entrepreneurs shall be relived form liability, Nonetheless, after consideration and it is found that they are unsafe products, the entrepreneurs shall liable to remedy the consumers. There are 4 criteria used in consederation to seewhether such products are the unsafe products in foreign countries, such as the United State of America, European Union, England, Germany, or Japan; namely, criterion on consumer' expectation, criteria on risk and benefit, criterion on negligence, and other criteria in other cases.

According to the Study of the criteria on consideration of the unsafe products under the Liability for Damages Emerging from Unsafe Product Act B.E. 2551 of laws on liability for products of Thailand as the criterion on consideration of the usafe products by concentrating on considering the general consumers' expectation to see whether they are unsafe or not. Sole consideration to see whether they are unsafe or not.Sole consideration to see whether the products are unsafe or not may cause problems of fairness to the consumers;therefore, upon consideration to seew whether the products are unsafe or not in Thailand, the criteria on risk and benefit should be jointly considered to see whether the products are unsafe or not.  Under the legal conditions, the word "product conditions" are used in examining the carefulness of the entrepreneurs in designing, manufacturing, and giving recommendations, by also taking into account the presentation methods, usage natures, and presentation methods, usage natures, and product launching period into the markets of the entrepreneurs.