{"id":137414,"date":"2026-04-02T08:39:19","date_gmt":"2026-04-02T08:39:19","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=legal-landscapes&p=137414"},"modified":"2026-04-02T09:42:28","modified_gmt":"2026-04-02T09:42:28","slug":"turkey-product-liability","status":"publish","type":"legal-landscapes","link":"https:\/\/my.legal500.com\/guides\/legal-landscapes\/turkey-product-liability\/","title":{"rendered":"Turkey- Product Liability"},"content":{"rendered":"

1. What is the current legal landscape for your practice area in your jurisdiction?<\/strong><\/h4>\n

The product liability and safety landscape in Turkey is highly dynamic and deeply connected with the EU acquis<\/em>. Even though the EU acquis is not automatically integrated in the local framework since Turkey is not a member to the EU, and Turkish authorities prefer a short period of wait-and-see approach rather than simultaneously syncronazing with the local regulations, the legislation is almost identical.<\/p>\n

Currently, the jurisprudence demonstrates a strong pro-consumer and pro-plaintiff trend. Although the system is fundamentally fault-based, the Turkish courts increasingly shift the burden of proof to the manufacturer once a claimant proves that damage was caused by a defective product. Furthermore, recent jurisprudence is effectively ruling out the standard statute of limitations for “hidden defects,” extending the liability period up to 10 years from delivery. This shift means courts are interpreting fault-based rules almost akin to strict liability, requiring manufacturers to maintain rigorous, long-term compliance and safety standards.<\/p>\n

2. What three essential pieces of advice would you give to clients involved in your practice area matters?<\/strong><\/h4>\n

Based on the pressures faced by global supply chains in sectors like FMCG, automotive, and technology, we would lay down the top three recommendations as follows:<\/p>\n

    \n
  • Meticulous Traceability and Documentation:<\/strong> Since Turkish courts are flipping the burden of proof, manufacturers must be able to prove they acted without negligence. Document every stage of product design, testing, and regulatory homologation. Solid traceability is your primary shield against expanded liability claims.<\/li>\n
  • Proactive Market Surveillance and Recall Readiness:<\/strong> The Turkish regulatory system is risk-based, not incident-based. Do not wait for an actual incident to occur. Implement continuous market surveillance and have a robust crisis management plan ready to execute swift corrective actions\u2014including voluntary recalls\u2014before regulatory authorities (like the Ministry of Trade or Industry) enforce mandatory bans.<\/li>\n
  • Leverage Mandatory Mediation Strategically:<\/strong> Don\u2019t wait the unsatisfied customer claims to turn into a dispute. Maintain a high level of after-sales and customer satisfaction service level. Engage in the mandatory mediation process not just as a procedural hurdle, but as a strategic tool for risk mitigation and cost control. Especially with the Constitutional Court’s recent 2025 ruling that abolished unfair cost penalties for non-attendance at initial mediation sessions, companies now have a fairer and more predictable environment to negotiate amicable settlements without the immediate threat of unjust court fees.<\/li>\n<\/ul>\n

    3. What are the greatest threats and opportunities in your practice area law in the next 12 months?<\/strong><\/h4>\n
      \n
    • Threat:<\/strong> The expanding definition of a “product” and the blurring lines of liability. As Turkey continuously adapts its legislation to mirror the EU acquis<\/em>, the impending inclusion of standalone software, Artificial Intelligence, and component manufacturers into the product liability regime are likely to create significant legal ambiguities. Companies operating in tech, automotive, and consumer electronics face the threat of strict liability claims where the fault\u2014whether in hardware, software, or user interface\u2014is extremely difficult to isolate.<\/li>\n
    • Opportunity:<\/strong> Proactive EU alignment. Turkey operates within a Customs Union with the EU. Manufacturers and investors who voluntarily upgrade their local compliance, testing, and safety protocols to meet upcoming European standards (such as the New Product Liability Directive framework) before they become mandatory in Turkey will gain a massive competitive advantage. They will build unshakeable trust with local authorities and secure their position as reliable nodes in the global supply chain.<\/li>\n<\/ul>\n

      4. How do you ensure high client satisfaction levels are maintained by your practice?<\/strong><\/h4>\n

      The most successful investors in Turkey are those who view regulatory compliance not as a localized hurdle, but as a strategic extension of their global standards. Having managed these exact challenges for a decade as a corporate executive and a GC of a leading global automotive company, and now advising my clients as external counsel, my ultimate advice to GCs and corporate leaders is this: Anticipate the shift. By establishing proactive, documented compliance mechanisms and integrating legal foresight into your supply chain and product design, you can confidently turn Turkey’s dynamic market and European integration into a highly profitable, secure, and sustainable hub for your global operations.<\/p>\n

      At Akin Legal, we strive to keep it as simple as acting as “business enablers” rather than traditional legal technicians. We maintain high satisfaction by ensuring personal, hands-on involvement from senior partners in our clients’ strategic projects. We do not just point out legal risks; we provide actionable, commercially viable solutions. Whether it is navigating a complex product recall or managing high-stakes shareholder derivative suits, we filter legal complexities through a commercial lens, ensuring our clients can make swift, informed business decisions.<\/p>\n

      5. What technological advancements are reshaping your practice area law and how can clients benefit from them?<\/strong><\/h4>\n

      Artificial Intelligence (AI), machine learning, and the Internet of Things (IoT) are fundamentally transforming product liability. While autonomous technologies (such as autonomous driving) are still heavily restricted or not fully permitted in Turkey, the software ecosystem surrounding everyday consumer products and industrial machinery is growing exponentially.<\/p>\n

      These advancements complicate traditional causality tests but offer a massive benefit: data-driven traceability. Clients can benefit immensely by adopting a “Legal by Design” approach. By equipping their legal and compliance teams with business enabler mindset rather than a traditional \u201chere are the risks and challenges that you at your own to decide\u201d approach and integrating them into the corporations\u2019 core functions, companies can proactively monitor product health, predict failures before they occur, and secure irrefutable digital evidence that their products meet all safety regulations at the time they were placed on the market.<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-137414","legal-landscapes","type-legal-landscapes","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/legal-landscapes\/137414","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/legal-landscapes"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/legal-landscapes"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=137414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}