A basic human right should be afforded to us by our government. Each of our respective countries must protect us as their citizens and with human rights law in all aspects. We reserve the right of speech, the right to liberty and security, the right to protection against discrimination, the right to life, and so on.
In Thailand, when a person negligently or willfully causes injury to another person's body, life, liberty, property, or right, the person causing the injury is bound to compensate the injured person for the damage caused. If the wrongful act was committed by or against a foreigner who is under Thai jurisdiction, a foreign element is then considered to be involved in the case and the Conflict of Laws Act comes into play.
If a person breaches some human rights of another person, the law in the country where the breach occurred shall punish the breaching person and the injured person is able to claim for damages arising from such breach. One of the laws that would protect the human rights of a person in Thailand is the law in relation to the Wrongful Act.
The Civil and Commercial Code of Thailand also enacts the law in protecting human rights as specified under the chapter of torts or wrongful acts. The main principle is under Section 420 which stipulates that “A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation, therefore.”
Personal Injury pertains to causing unlawful and negligent injury to another person. Such cases often happen to Foreigners in Thailand whereby they are victimized by schemes where their life, health, and liberty are put in danger. If such a case happens to you or to someone else, it is important to report it and make sure you know your rights under the law.
If you are a victim of such an offense, you have the right to claim compensation or damages. Under the Civil and Commercial Code of Thailand:
“Section 438. The Court shall determine the manner and the extent of the compensation according to the circumstances and the gravity of the wrongful act.
Compensation may include restitution of the property of which the injured person has been wrongfully deprived of its value as well as damages for any injury caused.”
This section of the law stipulates the amount of compensation the damaged person or the victim may seek against the liable person in order to establish clear grounds between the two-party.
Another issue that is common in Thailand is Real Estate Disputes. These are quite common particularly when foreigners buy property in Thailand. Disputes may arise due to language barriers, unlawful purchasing procedures, or the dishonesty of sellers, for example. According to the Consumer Protection Board, complaints about real estate development companies are on the rise, involving misleading advertising, low-quality workmanship and material, and delays in construction.
Life is important and we at Juslaws & Consult values life more than anything else. Our principle is to make sure that your protection and well-being will be prioritized. If you have encountered problems related to Personal injuries or anything similar, please do not hesitate to contact us.
We have many years of experience assisting clients with their personal injury claims and disputes and we are confident of our skills and experience in handling such cases. If you require consultation with one of our lawyers or consultants, please contact us and we will assist you immediately.