HSA Section 63 — Civil liability for damage from hazardous substances

Chapter 3 covers civil duties and liability. Section 63 makes a producer, importer, carrier, transit operator, re-importer, re-exporter or possessor of a hazardous substance responsible for damage arising from a substance in their possession, unless they prove that the damage resulted from force majeure (เหตุสุดวิสัย) or from the injured person's own fault; the text sets no fault element and puts the burden on the defendant to prove those two defences. Section 64 imposes the same responsibility, with the same two defences, on a seller or deliverer to the person harmed. Employers and principals are jointly liable for torts committed by those persons in their work (Section 65), and everyone in the distribution chain shares liability (Section 66). A claim lapses three years after the injured person knew of the damage, that the substance was hazardous and who is liable to pay (Section 67); a person who pays may seek recourse up the chain (Section 68). The public prosecutor may sue for the State's response costs and for harm to ownerless property, natural resources and State property (Section 69). For this Chapter, which substances count as hazardous may be fixed by notification of the Minister of Industry (Section 58).