For systems integrators out there on this board. How do you protect yourself for equipment that you install tht was deemed to have caused damage (say a fire) to a client site. Cleaning up some stuff for a possible business out here and was wondering if insurance existed out here that would protect the company from such things. Obviously I would be careful and follow all fire regulation codes but still, things happen and it's always best to be preprated. How would legal procedures go as well, evidence does not seem to be that popular here. Sunbelt, IndoSiam, do you offer such services like contract write-up, legal advice?

thanks

Profesional Indemnity insurance is very difficult to get in Thailand and in fact as a concept it hardly exists. We are insured on a global basis with an insurer that does offer cover. However this is expensive. For a sensible level of cover (1m US) expect to pay annual premiums of over 1m Baht! As a law firm we believe that it is vital to carry such cover and even though we are not compelled to do so, we do.

If you feel that the value of your exposure should something go wrong warrants this expense, then it is possible to purchase cover. Our impression is that very few businesses of any kind carry PI insurance in Thailand and that malpractice cases are very rare, but that is not to say that you cannot be sued, you can!

Our Thai Lawyers can write contracts under the Civil Code that limit liability, but in essence you cannot eliminate liability caused by negligence under Thai Law (CC Sec. 420). This is a complex issue and if you need advice, please PM me. I am not an insurance broker, so no fear I have anything to sell

You should also note that there is likely to be a new Product Liability law coming in to effect shortly (sometime in the next 12 months, subject to any delay because of elections) which may affect your cover. Therefore, when talking to someone, make sure you kept abreast of this change and make sure it is included in any cover the duration of which may exceed the introduction of the new law.

This "Liability for Injury from Unsafe Products Bill" will change the present legal environment for sellers, mfgs, and importers.

It passed the Cabinet and now needs Parliament approval to become law.

The main problem is it tried to combine the American approach of mfg defects, design defects and instruction/warning defects however unlike American law, this bill has no definition of what determines a mfg defect, design defect or instruction/warnings defect. This is very important as it has been left vague and undefined. Every product in existence may cause injury under certain circumstances by reason how it was mfg... a train may be involved in an accident, foam from the fire extinguisher may get on your cabinet and cause damage when you are putting out a fire on the stove, etc.

At the minimum, it looks like this Bill will have considerable doubt in the minds of distributors, mfgs and importers if they are really liable?

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