Bangkok: The devastating fire at the brewery on Ladprao Soi 1 has highlighted ongoing challenges in Thai society regarding safety and consumer protection. This incident is not isolated, and the lack of a sustainable solution or prevention system to address the root causes of such tragedies remains a significant concern. Professor Charun Pakdeethanakul, a former Constitutional Court judge, emphasized the weaknesses in current laws and their enforcement, noting a major issue with consumer protection. He pointed out that while the Civil and Commercial Code exists, it is largely ineffective, focusing on torts that require the injured party to prove negligence, a process that is both difficult and time-consuming.
According to Thai News Agency, Professor Charan also noted that law enforcement lacks consistency, often becoming alert only after an incident occurs, before fading away. Loopholes in the Entertainment Establishments Act allow business owners to sidestep rigorous safety inspections by registering as restaurants with live music.
Professor Charan proposed that Thai society adopt a culture of responsibility by implementing the Polluter Pays Principle (PPP) from environmental law. This principle would hold service businesses fully accountable for the safety of consumers, employees, and musicians. Currently, the existing Product Liability Law covers only products, not service businesses or venues with large gatherings, such as amusement parks or entertainment venues.
Professor Charan explained that the Consumer Protection Procedure Act B.E. 2551 (2008) offers tools to remedy these situations, making it easier for victims to file lawsuits. The burden of proof lies with the business operator, and if gross negligence is proven, courts can order punitive damages up to four times the actual damages.
To address these issues, the Consumer Protection Council should spearhead efforts to enact laws that fully safeguard service industry safety. Collaboration from business owners, interior designers, and staff is essential to implement non-flammable materials and monitor safety systems. In the short term, consumers should exercise caution and choose establishments with clear safety standards.
Professor Charan believes that resolving the recurring fire problem requires not only legal amendments but also a shared sense of responsibility from all parties, ensuring that these losses do not become forgotten lessons.