Liability for Damage Arising from Unsafe Products Law Case study : Responsibility of Used car entrepreneur

Abstract

This article is a study of the liability law for damage arising from unsafe products. The case study of liability of the used car dealers 1) To study and analyze the liability problems of the operators regarding the defects of used cars In accordance with the Liability Act for damage caused by unsafe products, 2008. 2) To propose solutions and to propose legal measures to control used car dealers.From the research, the writer found that the Liability for Damages Arising from Unsafe Products Act of 2008 (B.E.2551) has marked the provision that specify the liability of the owner that apply strict liability or absolute liability and includes the definition of the “Unsafe Product” within this Act. Moreover, this Act specify the border of metal damages and penalty damages to dissuade the business owner. Also, the prescription is specifically issued, which broaden the protection for the customers superior to the provision written in Civil and Commercial Code. However, after researched through the history and the purpose of the Liability for Damages Arising from Unsafe Products Act of 2008 (B.E.2551), the writer has learned that this Act merely intent to govern the business owner who engage in the mass production of goods which not include the used car business owner which produce the used car on one by one basis. Regardless the definition of “produce” marked in this Act is referred to the assemble and alter, since the repairing of the used car that has many processes, some parts must be removed in order to repair and reassemble, which in many cases the parts of the other brand may be altered and applied with used car in order to decrease the cost and generate more profit to the used car business owner.