Development of Law on Civil Liability : Drunk-Driving Case

Abstract

The objectives of this study are to: 1) examine the theoretical concepts surrounding tort liability in situations involving alcohol consumption; 2) examine and compare the legal principles surrounding tort liability in situations involving alcohol users in Thailand and abroad, including an analysis of legal measures for tort liability in cases of drunk driving in Thailand; and 3) suggest recommendations for laws on tort liability in cases of drunk driving in Thailand. This qualitative study focused on related documents both in Thai and other languages

The study's findings demonstrated that the Civil and Commercial Code of Thailand requires accountability for compensation based on the fault liability and the strict liability in sections 420 and 437. Defining liability in the law as it is today, as a result, the compensation for the injured party cannot be effective in the end. This is because the wrongdoer cannot compensate or may not be able to apply the principle of strict liability if the damage occurs to other vehicles. It also cannot fully help prevention and reduce accidents in society, which is one of the objectives of tort law. Compared to New Jersey, Indiana, and Illinois state laws in the United States, it will be found that these various states all have provisions that require alcoholic beverage providers to be jointly liable with service recipients who have committed violations. Having such a provision demonstrates the concept of vicarious liability arising from the actions of others in the background, and it demonstrates the importance of preventing misfortunes that may occur unexpectedly from intoxicants from the beginning, as well as it creates standards for the responsibility of alcoholic beverage service providers at the same time.

This research has recommended amendments to the Civil and Commercial Code of Thailand with the addition of Section 430/1, which states that "Alcoholic beverage seller must be jointly liable with service recipients who have committed a violation if the services take place while the recipient of the service is intoxicated"