CASE STUDY OF THE EFFECT OF DAMAGE ARISING FROM UNSAVED PRODUCTS

Abstract

Consumer protection is a fundamental mechanism for ensuring fairness between business operators and consumers. The Consumer Protection Act B.E. 2522 (1979) and the Consumer Case Procedure Act B.E. 2551 (2008) establish procedures for remedying damages suffered by consumers as a result of unsafe products. However, in practice, the determination of punitive damages under these legal frameworks does not adequately reflect the actual harm incurred and remains insufficient to deter unfair business practices. Consequently, the current system of consumer protection has not achieved the level of effectiveness intended. The objectives of this study are as follows: To propose improvements to the criteria for determining punitive damages in cases involving liability for unsafe products, ensuring alignment with the actual extent of the harm suffered; To examine the issues arising under Section 11 of the Liability for Damages Arising from Unsafe Products Act B.E. 2551 and to compare the punitive damages framework in consumer cases between the legal systems of the United States and Thailand; and To analyze the feasibility of applying the Civil and Commercial Code as a legal basis for determining and calculating punitive damages in a more standardized and equitable manner. The findings indicate that the current assessment of compensatory and punitive damages fails to cover the full dimensions of harm experienced by consumers and lacks sufficient deterrent effect. Accordingly, this study recommends revising the criteria for punitive damages, enhancing the clarity of Section 11, and integrating principles from the Civil and Commercial Code into the calculation framework. These measures aim to strengthen Thailand’s consumer protection system, improve its effectiveness, and align it more closely with international standards in practical terms, particularly in contemporary markets characterized by complex transactions, information asymmetry, and cross-border digital trade flows.