Tort law at Thailand
Tort law in Thailand is primarily governed by the Civil and Commercial Code, specifically Title V, which addresses wrongful acts (torts). This legal framework outlines the principles of civil liability for damages resulting from unlawful acts, including negligence and intentional harm.
⚖️ General Principles of Tort Liability
According to Section 420 of the Civil and Commercial Code, a person who willfully or negligently unlawfully injures another's life, body, health, liberty, property, or any right is considered to have committed a wrongful act and is obligated to compensate the injured party.
🧭 Key Provisions in Tort Law
Self-Defense: The exercise of a right solely to cause injury to another is unlawful.
Violation of Statutory Provisions: If damage results from infringing a statutory provision intended for the protection of others, the person who infringes is presumed to be at fault.
Slander and Libel: A person who falsely asserts or circulates as a fact something injurious to another's reputation or credit must compensate for any resulting damage, even if unaware of its untruth.
Employer Liability: An employer is jointly liable with an employee for consequences of a wrongful act committed by the employee in the course of employment.
Liability for Animals: If damage is caused by an animal, the owner or person who undertakes to keep the animal is bound to compensate the injured party, unless they prove proper care was exercised.
Liability for Defective Buildings: The possessor of a building is responsible for damage arising from defects in construction or insufficient maintenance.
Automobile Accidents: A person is responsible for injury caused by any conveyance propelled by mechanism in their possession or control, unless they prove the injury resulted from force majeure or the fault of the injured person.
💰 Compensation for Wrongful Acts
Section 438 stipulates that the court shall determine the manner and extent of compensation according to the circumstances and gravity of the wrongful act. Compensation may include restitution of the property wrongfully deprived or its value, as well as damages for any injury caused.
🕒 Statute of Limitations
Section 448 specifies that a claim for damages arising from a wrongful act is barred by prescription after one year from the day when the wrongful act and the person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed. However, if the damages are claimed on account of an act punishable under criminal law for which a longer prescription is provided, such longer prescription shall apply.
🧑⚖️ Judicial System
Civil cases in Thailand are handled by the Civil Court, which has jurisdiction over disputes involving torts. Appeals are heard by the Court of Appeal, with further appeals to the Supreme Court.
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