Lending a borrowed item to someone else: who bears the damage?

Not causing the damage personally is not the whole question

If someone borrows a friend’s camera without a fee and passes it to another person who damages it, the borrower should not assume they are free of liability because they were not holding it. Review the agreement and use under Thailand’s Civil and Commercial Code rules on loan for use. This article addresses lender–borrower relations, not every person’s liability in the incident.

Section 640 describes free use of property with an agreement to return that property after use; section 641 requires delivery for completion. Distinguish this from rental and a money loan repaid with equivalent money. Calling a transaction a loan is insufficient: check any consideration and whether the same item must be returned.

Section 643 can change the effect of force majeure

Section 643 covers use outside the property’s ordinary use or the agreement, use by a third party, and retention beyond the proper period. The borrower may bear loss or damage even from force majeure. Review permissions, actual users and the return period together rather than only identifying the last person holding the item.

The same section provides an exception if the borrower proves the property would have suffered that loss or damage anyway. This is a factual issue requiring proof, not merely saying accidents can happen to anyone. If third-party use was actually authorized, supply the wording and context for assessment rather than treating an isolated phrase as decisive in every case.

Separate ordinary care from onward lending

Section 644 requires the care a reasonable person would take of their own property. A borrower’s personal habit alone does not establish adequate care, nor does every failure during borrowing automatically require buying a new item. Examine initial condition, storage, agreed use and evidenced causes of damage.

In a hypothetical case, a camera is lent for indoor work, but the borrower lets an acquaintance use it in rain without checking permission. Investigate both the changed user and scope, and when damage occurred. This example does not decide a real dispute. Section 645 also allows the lender to terminate for the section 643 circumstances or breach of section 644 duties.

Preserve evidence before repair or settlement

Collect the request and permission messages, model or serial number, pre-delivery images, accessories, onward-transfer and return dates, and accounts of the incident. Keep technicians’ findings and estimates separate from the owner’s demand. If urgent work is needed to prevent further harm, document condition and notify relevant parties where possible; never alter evidence retrospectively.

Before accepting compensation or signing a settlement, identify whether it covers repairs, replacement, unreturned accessories and which claims. Bring the chronology to B Law Firm for case-specific contract and evidence assessment, including applicable time limits. Do not wait until negotiations have dragged on before reviewing rights.

References

• Thai Civil and Commercial Code, sections 640–645 (in Thai)
• B Law Firm: legal services