Understanding Legal Liability for Negligence in Thailand

Negligence occurs when an individual fails to exercise the level of care expected by law, resulting in harm to another party. In Thailand, both intentional and unintentional actions that cause damage or injury are subject to legal scrutiny. Victims have the right to pursue legal remedies, while those accused of negligence may face significant penalties.

Our service include:

Negligence assessment and case review
Evidence collection and documentation support
Civil and criminal liability guidance
Settlement negotiation and mediation
Court representation for all parties
Strategy for claims or defense

Defining Negligence under Thai Law

Thai law distinguishes between deliberate actions and those resulting from carelessness. The Thai Criminal Code provides the framework for assessing liability:

Intentional acts: Conduct carried out with full awareness and desire for the resulting effect.
Negligent acts: Unintentional actions or omissions that fail to meet the standard of care expected under the circumstances, resulting in injury, property damage, or death.

Negligence is not limited to active misconduct; failing to prevent harm when a duty exists (such as supervision or maintenance) can also constitute a criminal offense.

Penalties for Negligent Conduct

The severity of the punishment under Thai law reflects the consequences of the negligent act:

Causing death through negligence (Section 291): Up to 10 years imprisonment or a fine of up to 20,000 Baht.
Causing serious bodily injury through negligence (Section 300): Up to 3 years imprisonment, a fine up to 6,000 Baht, or both.

These provisions demonstrate the law’s strict approach to acts that endanger life or cause substantial harm.

Pursuing a Negligence Case

Filing a claim for negligence requires careful documentation and evidence to establish the failure to exercise proper care. Examples include:

A caregiver neglecting a child, leading to accidents such as fires, injuries, or property damage.
Professionals or service providers failing to adhere to safety standards, resulting in harm to clients or third parties.

Professional legal support is crucial to ensure that cases are properly prepared, facts are accurately presented, and both civil and criminal aspects are considered.

Legal Support and Guidance

BASE Law Firm offers expert services for individuals and organizations involved in negligence cases in Thailand. Our approach includes:

Comprehensive case evaluation and strategy development
Collection and analysis of evidence to substantiate claims or defense
Representation in court proceedings to ensure rights are fully protected
Guidance on both civil and criminal liabilities arising from negligent acts

With careful planning and knowledgeable representation, clients can navigate Thailand’s legal framework effectively, whether seeking justice for harm suffered or defending against allegations of negligence.