{"id":137100,"date":"2026-04-02T09:38:19","date_gmt":"2026-04-02T09:38:19","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=137100"},"modified":"2026-04-02T09:53:04","modified_gmt":"2026-04-02T09:53:04","slug":"turkiye-product-liability","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/turkiye-product-liability\/","title":{"rendered":"Turkey: Product Liability"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-137100","comparative_guide","type-comparative_guide","status-publish","hentry","guides-product-liability","jurisdictions-turkiye"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Akin Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/03\/AKIN.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Akin Legal<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/03\/AKIN.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Product Liability laws and regulations applicable in Turkey<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main causes of action upon which a product liability claim can be brought in your jurisdiction, for example, breach of a statutory regime, breach of contract and\/or tort? Please explain whether, for each cause of action, liability for a defective product is fault-based or strict (i.e. if the product is defective, the producer (or another party in the supply chain) is liable even if they were not individually negligent).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Product liability claims can be brought upon three causes in Turkey:<\/p>\n<ul>\n<li>Under tort law and contract law provisions of Turkish Code of Obligations, No: 6098 (\u201cTCO\u201d),<\/li>\n<li>Consumer Protection Law No 6502 (\u201cConsumer Protection Law\u201d or \u201cCPL\u201d), which is an adapted version of EU\u2019s Acquis Communautaire.<\/li>\n<li>Technical Regulations and Product Safety Law No.: 7223 (\u201cProduct Safety Law\u201d), which again is a replica of the EU acquis.<\/li>\n<\/ul>\n<p>In light of above, Turkish product liability is based on three systems, namely contractual, tortious and strict product liability; each system is implied by courts upon evaluation of the claimant\u2019s claims.<\/p>\n<p>Contractual liability is based due to contractual relationship between two or more parties, i.e. between the manufacturer and the customer who suffered a damage. The liability requires a breach of contract terms, i.e. non-compliance of the product to the contract terms or objective technical regulations. In any case, contractual liability is fault based.<\/p>\n<p>Product liability claims may be based on tort law, especially if there is no contractual relationship between the manufacturer and the claimant. This generally applies if a product causes damage to a property, or to persons in death or injury. In this event, the claimant may directly target the manufacturer (or the importer) to compensate the damages suffered due to the faulty product, together or even without addressing the seller of the product that has likely caused the damage. The burden of proof is on the claimant and the liability is fault based.<\/p>\n<p>A claimant may also address Product Safety Law. In this case, the claimant has to prove the existence of production (or design) defect in the product that caused the damages. The manufacturer (or the importer) would then be held liable to compensate all damages due to product defect.<\/p>\n<p>Liability exclusion or indemnification provided before a damage occurs is prohibited.<\/p>\n<p>Specific regulations as to food, pharmaceuticals and automotive may bring forward strict liability conditions.<\/p>\n<p>In the recent years, the case law has extended the scope of the product liability in favour of consumers \/ customers. The Court of Appeal in various cases has ruled out the lapse of time in case of hidden defects, automatically extending the lapse of time period to 10 (ten) years commencing with the delivery of the product. Also, the court flipped the burden of proof to the manufacturer in case the claimant proves the damage is due to the defected product, thus the manufacturer should prove that it did not act with negligence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is a \u2018product\u2019 for the purpose of the relevant laws where a cause of action exists?  Is \u2018product\u2019 defined in legislation and, if so, does the definition include tangible products only?  Is there a distinction between products sold to, or intended to be used by consumers, and those sold for use by businesses?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The TCO and the Product Safety Law make a general definition of product. According to TCO, any goods subject to a sales transaction are defined as products. According to Product Safety Law, a product stands for all kinds of substances, preparations and articles.<\/p>\n<p>The Consumer Protection Law, however, makes a clear definition of a product as merchandisable (i) movable goods, (ii) immovable properties bearing the purpose of housing or vacation and (iii) software, sound, vision and all similar intangible goods designated to be used in electronic medium. Also, the CPL defines the terminology of \u201cservices\u201d, as the subject of any consumer transaction other than providing goods that is made or promised to be done in return for a fee or benefit.<\/p>\n<p>Thus, the legislation generally covers both tangible and intangible products.<\/p>\n<p>The TCO and Product Safety Law therefore does not make any distinction between B2B and B2C products. The Consumer Protection Law, however, clearly limits its jurisdiction to consumer (B2C) products only.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who or what entities can bring a claim and for what type(s) of damage? Can a claim be brought on behalf of a deceased person whose death was caused by an allegedly defective product?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Strict liability is applicable for specific sectors and goods:<\/p>\n<ul>\n<li>For pharmaceuticals and vaccines, a special law (Pharmaceuticals Law No: 1262) and a set of detail secondary legislation is in place.<\/li>\n<li>For businesses that pose a significant risk. If it is concluded that a business, considering its nature or the materials, tools or forces used in the activity, is likely to cause frequent or severe damage even if all the care expected from a person specialized in these works is exercised, it is considered to be a business that poses a significant risk. Even though this business is lawfully permitted to run, those who suffer damages due to this business may request their damages to be reimbursed under strict liability.<\/li>\n<li>The Ministry of Trade issues a series of communiques for import inspection and market surveillance of products including but not limited to medical, agricultural, textile etc (Communiques 2026\/01 to 2026\/27 on Product Safety and Inspection).<\/li>\n<li><\/li>\n<li>The Ministry of Industry also has a number of regulations for inspection of industry goods (General inspection and market surveillance regulation and Special inspection and market surveillance regulation for automotive products).<\/li>\n<li>The Ministry of Agriculture and Forestry runs inspections on foods, substances and materials intended to come into contact with foodstuffs.<\/li>\n<\/ul>\n<p>In application of strict liability, the burden of proof is with the manufacturer \/ seller, instead of the claimant. Once a claim is raised, the courts usually expect the manufacturer \/ seller to prove that the product in controversy complies with the technical regulations and does not bear any fault or defect that has supposedly caused damage to the claimant.<\/p>\n<p>Under Turkish law, deceased persons cannot be a subject of a dispute. However, the heirs of deceased persons can claim for damages caused by allegedly defective product or service in capacity of the deceased person\u2019s estate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available against a defendant found liable for a defective product? Are there any restrictions on the types of loss or damage that can be claimed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In case of a defective product, monetary compensation, injunctive or declaratory reliefs are available. Compensation may pertain to both monetary and non-monetary damages, including intangible losses, medical expenses, lost wages and proven anticipated profits.<\/p>\n<p>The burden of proof for the damage, fault and the causality belong to the claimant.<\/p>\n<p>The Product Safety Law generally puts damage to property, bodily injury, mental damage or other health impairment matters recoverable and excludes the damages to the product itself. However, the jurisprudence extends the scope of the liability to the damages to the product itself, through reference in the law to the general terms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">When is a product defective?  What must be shown in order to prove defect?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legislation deems a product defective those lacking the features or characteristics determined in its technical regulation or manual or is incapable to provide the safety which reasonably could be expected.<\/p>\n<p>The claimant must prove the damage, the defect in the product and the Causal link between the defective product and the recoverable damage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which party bears the burden of proof?  Can it be reversed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The claimant has the burden of proof regarding defect, damage and causality. However, there are significant exemptions to the general rule:<\/p>\n<ul>\n<li>The Consumer Protection Law leaves the burden of proof on the seller\/ service provide\/ importer \/ manufacturer for the claims raised within the first six months of the delivery of the product or services.<\/li>\n<li>Those rules stipulated under Pharmaceuticals Law or supply of dangerous goods i.e. petroleum gas, electricity etc that are held subject to strict liability by case law may necessitate the manufacturer \/ vendor to prove that it acted with negligence and the product was in conformity with all standards.<\/li>\n<li>The courts may put the seller and service provider (as the case may be) responsible under general terms and the importer and manufacturer under the product safety regulations in the existence of a fault or defect.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What factors might the court consider when assessing whether a product is defective?   To what extent might the court account for a breach of regulatory duty, such as a breach of a product safety regulation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general principle, the claimant always has to prove the damage, the fault and the causality. Both the general terms (TCO) and Product Safety Law follow the same approach.<\/p>\n<p>The fault that needs to be proved by the claimant is the existence of defect in the product coming from production or design.<\/p>\n<p>In application of specific laws such as Pharmaceuticals Law or application of strict liability in supply of dangerous goods, however, one can conclude that the courts may assume liability on the manufacturer without identifying causality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can be held liable for damage caused by a defective product?  If there is more than one entity liable, how is liability apportioned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The manufacturer and (if imported) importer bear the responsibility for a fault or defect, as stipulated in the Product Safety Law. If a product is a composition of various products, then the manufacturer is he who claims to be the manufacturer by affixing his name, trademark or other distinctive sign on the product.<\/p>\n<p>A claimant can raise her claims collectively or individually to sellers, importers and (quasi-) manufacturers in the production chain; their right (if any) to recourse above the responsibility chain is a matter of internal relationship between them and does not limit the claimant\u2019s right to designate the opponents.<\/p>\n<p>The TCO holds the seller as the main responsible person for faults or defects in the sold property. The Consumer Protection Law extends the responsibility against the consumer to the manufacturer, importer, vendor and (if any) the service provider.<\/p>\n<p>The courts may put the seller and service provider (as the case may be) responsible under general terms and the importer and manufacturer under the product safety regulations in the existence of a fault or defect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What defences are available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under general terms stipulated in the TCO, the seller is not liable for defects that were apparent to the buyer at the time of the contract. The same principle applies if the buyer fails to perform inspection or notification of the defect unless the defect is latent or hidden.<\/p>\n<p>According to tort law, the defendant may defend that he is not at fault or there exists no causality between the alleged defect and the damage.<\/p>\n<p>Under contract law, the defendant may defend that he did not breach his contract obligations.<\/p>\n<p>Generally, the defence can be based on the argument that (i) the product conforms with the technical standards valid at the time of marketing of the product, (ii) the producer did not put the product on the market, and (iii) the defect causing the damage was not present at the time the product was put on the market.<\/p>\n<p>Special regulations for pharmaceutical products, food or dangerous goods should be further analysed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the relevant limitation period(s) for bringing a claim? Does a different limitation period apply to claims brought on behalf of deceased persons?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For damages due to tortious acts, the time limit is two (2) years, commencing with the claimant getting to know (i) the damage and (ii) the identity of the responsible person. The time lapses in five (5) years upon the tortious act, unless such act also forms a crime, which then the criminal lapse of time rules apply (that are generally longer than civil lapse of time periods).<\/p>\n<p>The Consumer Protection Law provides a two years\u2019 lapse of time for consumer rights due to defects in the products.<\/p>\n<p>The Product Safety Law provides a three (3) years\u2019 time limit for reimbursement of damages suffered due to unsafe products.<\/p>\n<p>However, the jurisdiction is evolving to an understanding that the lapse of time would not apply to hidden defects, thus the ten (10) years\u2019 time limit would be applicable according to general terms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Liabilities cannot be contractually excluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on the territorial scope of claims brought under a strict liability statutory regime?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any person can file a lawsuit as a claimant before Turkish courts (save for depositing a certain amount for possible reimbursement of damages to the plaintiff, if the claimant is found unjust by the court).<\/p>\n<p>Any person can be set as defendant before Turkish courts for civil law matters (diplomatic exemptions may apply).<\/p>\n<p>Turkish courts generally have jurisdiction if (i) the tort is committed, (ii) damage due to tortious act is incurred or (iii) contract terms are (or expected to be) performed, in Turkish territory.<\/p>\n<p>Unless the court decides that the defendant position is not applicable in its preliminary review, then the service of process rules will be relevant (electronical or postal service for Turkish nationals or domiciles, international service under Hague Convention or international treaties etc.).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What does a claimant need to prove to successfully bring a claim in negligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Tort law is regulated under the general terms of TCO. The TCO generally rules that a person is liable if she unlawfully caused damages to another person.<\/p>\n<p>For the claimant to succeed in a tort claim, she must prove: (i) the damage, corresponding to an unintentional reduction in her assets, (ii) act (or inactivity, as the case may be), of the defendant harming the property or personal integrity of the claimant, (iii) unlawful character of the act (or inactivity), that forms a breach of a legal rule or general acceptance of certain behaviour, (iv) casual link between the unlawful act and damage, and (v) the defendant\u2019s fault, that caused the damage either intentionally or negligently.<\/p>\n<p>Negligence is deemed to be existent if a reasonable person could have foreseen the occurrence of the damage.<\/p>\n<p>Here, it should also be noted that the principal (usually the employer, guardian, pet or brood owner, owner of a building or enterprise) is liable for the tortuous acts caused by her employees, ancillary staff or stock animals in the performance of their work. Even though the principal may defend himself that he has taken due care to avoid the unlawful act or any losses, the courts tend to practice principal\u2019s liability to the extend similar to strict liability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances might a claimant bring a claim in negligence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See Q13 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available?  Are punitive damages available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Monetary compensation, injunctive or declaratory reliefs are available. Compensation may pertain to both monetary and non-monetary damages, including intangible losses, medical expenses, lost wages and proven anticipated profits.<\/p>\n<p>The burden of proof for the damage, fault and the causality belong to the claimant.<\/p>\n<p>Punitive damages are not applicable under Turkish law. The Turkish system is based on reimbursement of actual damages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If there are multiple tortfeasors, how is liability apportioned?  Can a claimant bring contribution proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If a tortous act is committed by two or more persons causing damages, they will be jointly and severally liable for the damages they have caused. In their internal relation, the court would decide whether and to what extent they have right of recourse against each other.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Turkish law provides a set of defences available to a product liability claim based on tort law, in the event (i) the person suffering damage consented to the harmful act; (ii) the circumstances attributable to the person suffering damage contributed to the occurrence of the damage; or (iii) the suffering person has caused the impact of the damage to occur or to increase due to lacking mitigating the losses.<\/p>\n<p>In this event, the court may reduce or even forego to award compensation. Finally, the awarded damages can be reduced if defendant\u2019s damage to the property of another was necessary to protect a person against imminent damage or danger (including self-defence).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the relevant limitation period(s) for bringing a claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See Q10.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Tort based liability can be excluded in a contract. Liability for unlawful intent or gross negligence cannot be excluded.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the laws governing contractual liability provide for any implied terms that could impose liability where the product that is the subject of the contract is defective or does not comply with the terms of sale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The seller is liable to the buyer for any breach of warranty of quality and for any defects that negate or substantially reduce the value of the product or its fitness for the designated purpose, even if the seller is not aware of the defects.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available, and from whom?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The TCO provides for monetary compensation of damages caused by defective products sold. The seller is responsible for the compensation. However, the courts tend to extend the responsibility towards the producer, if the claimant claims damages from both.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What damages are available to consumers and businesses in the event of a contractual breach?  Are punitive damages available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Similar to the case of tort-based liability (Q15 above), damages are compensatory only.<\/p>\n<p>No punitive damages available.<\/p>\n<p>The damage corresponds to any unintentional reduction in assets, ie a reduction in assets, an increase in liabilities or a loss of profit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can liability be excluded, if at all?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contractual liability can be excluded to the extent that the damage was not caused grossly negligently or intentionally.<\/p>\n<p>However, for B2C contracts, such exclusion of liability is unlawful if it is stipulated in the general terms &amp; condition of a contract and if it causes, to the detriment of the consumers and contrary to good faith, a significant and unwarranted imbalance in the contractual rights and contractual duties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The seller may argue as an estoppel that the buyer was aware of the damages in the product at the time of purchase.<\/p>\n<p>Moreover, the seller shall not be held accountable for defects that the buyer could have identified through the exercise of ordinary care and diligence, and for which the seller did not provide a warranty.<\/p>\n<p>Also, the seller\u2019s liability can be waived in cases where the buyer neglected to inspect the quality of the purchased item in due time and inform the seller of any defects, unless the seller is in sales business as a profession and was in gross negligence in identifying the damage and informing the buyer with it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise the rules governing the disclosure of documents in product liability claims and outline the types of documents that are typically disclosed.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Pre-trial discovery is not applicable under Turkey law.<\/p>\n<p>In product liability and product safety cases, the Court of Appeals often expects the lower courts to appoint expert witnesses upon the parties\u2019 request. A list of qualified sworn expert witnesses is annually announced in each judicial area according to the Expert Witnesses Act.<\/p>\n<p>The appointment of the experts commences with a specific discovery session with the participation of the parties, the judge and the experts. Also, the judges have the authority to appoint expert witnesses, if they require any technical assistance for resolving the specific matters. The costs of the expert witness should be covered by the party who has the burden of proof, to be later reimbursed by the losing party to the proceedings.<\/p>\n<p>The parties may request the judge(s) to, or the judge ex officio may, request the experts to detail their opinions, appoint a different expert or committee of experts, or to summon the expert witness(es) to explain their technical opinion, if the expert opinion is found insufficient.<\/p>\n<p>If one party claims that the opposing party possesses evidence required for resolution of the case, the judge may order such party to disclose such documentary evidence, warning otherwise the burden of proof would flip upon him. A party requesting the other party to disclose a document must specify the document in detail and substantiate the evidentiary purpose of such document. Any fishing-expedition will be denied by the court.<\/p>\n<p>All commercial companies and merchants are required to provide their commercial books and records to the court\u2019s (and if appointed, the experts\u2019) review.<\/p>\n<p>The burden of proof rules as defined under the procedural law applies for disclosing evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are product liability claims usually funded?  Is third party litigation funding permitted in your jurisdiction and, if so, is it regulated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, the claimant is obliged to fund the claim and the procedure.<\/p>\n<p>Third party funding is not permitted in Turkey.<\/p>\n<p>In case the claimant is financially not capable to pursue his claims, he can apply for legal aid, upon acceptance the state would bear the court\u2019s costs and legal fees, to be recovered by the losing party at the end of the judgment procedure. Public funding of proceedings and bona fides legal aid by an attorney unless authorized by the respective Bar Association are not allowed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can a successful party recover its costs from a losing party?  Can lawyers charge a percentage uplift on their costs?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The successful party can recover all court fees, including court levies and charges, court assigned expertise costs etc.<\/p>\n<p>Also, the losing party is required to reimburse the winning party\u2019s lawyer fees, subject to limitation as outlined in the Lawyer Fees Tariff, announced by the Union of Turkish Bars.<\/p>\n<p>The parties\u2019 lawyer fees exceeding the Tariff are not recoverable, unless the court rules that the losing party pursued the case with bad faith.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can product liability claims be brought by way of a group or class action procedure?  If so, please outline the mechanisms available and whether they provide for an \u2018opt-in\u2019 or \u2018opt-out\u2019 procedure.  Which mechanism(s) is most commonly used for product liability claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Principally, each claimant has to file a singular suit. Class action procedure is not recognized in Turkish judicial system.<\/p>\n<p>Despite not being a part of the class action procedure, the CPL allows consumer associations and foundations to file determination cases or preliminary injunctions in order to protect the interests of their affiliates or the interest groups they represent.<\/p>\n<p>Also the Ministry of Commerce, relevant authorities and consumer associations may file lawsuits for declaratory judgment actions or preliminary injunction for prohibition or suspension of unlawful consumer relevant matters under Consumer Protection Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please provide details of any new significant product liability cases in your jurisdiction in the last 12 months.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No case pertaining to new technologies so far. Turkey has traditionally been curious and discreet in introducing set of legal rules for new technologies.<\/p>\n<p>For example, autonomous driving in Turkey is still not permitted and the motor vehicles are still certified and marketed without this feature.<\/p>\n<p>One can expect that the approach already taken in relation to product liability matters steaming from the use of new technologies would be no different from that taken with traditional products.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any policy proposals and\/or regulatory and legal developments that could impact the current product liability framework, particularly given the advancements in new technologies and increasing focus on the circular economy?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Not recently.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends are likely to impact upon product liability litigation in the future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legal repercussions of use of artificial intelligence, machine learning, vaccination programs, increasing awareness in protection of environment and mitigating climate change, green energy, autonomous driving and environmental sustainability are the key trends that need to be closely followed-up.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4127<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/137100","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=137100"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}