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April 28, 2011

Consumer Protection Cases: Thailand’s Punitive Damage Regime

Informed Counsel

In today’s world of fast-moving consumer goods and services, disputes between consumers and business operators are commonplace. Consumer protection and product liability laws—which increase access to the courts, streamline the adjudication of claims, and increase damage recovery options for injured consumers—drive more and more disputes into the Thai courts. Historically, plaintiffs were limited to recovering only actual damages, which seek to compensate victims for loss or harm. With the passage of the Product Liability Act B.E. 2551 (2008) and the Consumer Case Procedure Act B.E. 2551 (2008), Thai courts were, for the first time, empowered to grant punitive damages to injured persons. Punitive damages are “exemplary” and seek to punish the actor and deter similar conduct.

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