Getting the Deal Through has published the 2013 edition of its multi-jurisdictional guide to product liability, which covers 31 jurisdictions worldwide. Michael Ramirez, a consultant in the Tilleke & Gibbins dispute resolution department, has authored the Thailand chapter for this Q&A guide. The chapter provides an update on the Product Liability Act, discusses how its provisions are playing out in practice, and considers whether or not it is fulfilling the aims for which it was enacted. The chapter covers the following topics:
- Civil Litigation System: The court system, judges and juries, pleadings and timing (including summons and service of process, amending and adding claims, and form, content, and timing requirements of response), pre-filing requirements, summary dispositions, trials, group actions, and timing.
- Evidentiary Issues and Damages: Pretrial discovery and disclosure, evidence, expert evidence, compensatory damages, and non-compensatory damages.
- Litigation Funding, Fees, and Costs: Legal aid, third-party litigation funding, contingency fees, and the “loser pays” rule.
- Sources of Law: Product liability statutes, traditional theories of liability, consumer legislation, criminal law, novel theories, product defect, defect standard and burden of proof, possible respondents, causation, and post-sale duties.
- Limitations and Defenses: Limitation periods, state-of-the-art and development risk defense, compliance with standards or requirements, other defenses, and appeals.
- Jurisdiction Analysis: Status of product liability law and development, product liability litigation milestones and trends, climate for litigation, and efforts to expand product liability.
Getting the Deal Through – Product Liability, published by Law Business Research, provides informative analysis of the law for corporate counsel and legal practitioners around the world.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Product Liability 2013 (published in July 2013; contributing editors: Harvey L Kaplan, Gregory L Fowler, and Simon Castley of Shook, Hardy & Bacon LLP). For further information please visit www.GettingTheDealThrough.com.