ประเด็นและการบังคับใช้พระราชบัญญัติความรับผิดเพื่อความชำรุดบกพร่องของสินค้า

Abstract

This study aims to examine and analyze the implementation of product liability laws, specifically the Lemon Law, in foreign countries, and assess the feasibility of adapting such laws for use in Thailand. This law focuses on protecting consumers from defective or substandard products that may negatively impact safety and quality of life. It grants consumers the right to request refunds, repairs, or replacements when defects are found that cannot be rectified. Implementing the Lemon Law in Thailand would help reduce the imbalance between consumers and manufacturers, as consumers would be protected from substandard or technically problematic products after purchase, without needing to prove the fault of the manufacturer or seller. Additionally, it would promote fair competition in the marketplace. This study also analyzes the benefits and limitations of applying this law in Thailand, along with recommendations for improving existing consumer protection laws to make them more comprehensive and effective. The aim is to ensure consumers are adequately protected from low-quality or unsafe products in the Thai market. Furthermore, the study explores measures to amend and enhance the Product Liability Act (2008) to align it with current laws and circumstances. The comparison of legal approaches from other countries will also help propose the best practices for adequately protecting consumers and promoting fairness in commercial transactions.