TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
1. Product Safety 1.1 Product Safety Legal Framework
Product liability claims may also be based on tort law, especially if there is no contractual relationship between the manufacturer and the claimant. This gen - erally applies if a product causes damage to a prop - erty, or death or injury to persons. In this case, the claimant may make a claim against the manufacturer (or, as the case may be, the importer) for damages suffered due to the faulty product. The burden of proof rests with the claimant, and liability is fault-based. If a natural or legal person has acquired a product or service for non-profit purposes, then they would be considered a consumer and therefore be subject to the terms of the Consumer Protection Law. Even though the liabilities under the Consumer Protection Law are still fault-based, it offers certain advantages to consumers, such as shifting the burden of proof to the vendor/manufacturer for defects occurring within the first six months after purchase and holding the manufacturer/importer liable for the faults of their authorised sellers or service providers. The terms of the Product Safety Law would always be applicable for any product safety claim, whether there is a contractual relationship between the claimant and the manufacturer/importer/seller, or the claimant is a consumer or merchant. When applying the Product Safety Law rules, the claimant must prove the exist - ence of a production or design defect in the product that caused the damages. The manufacturer or the importer would then be held liable for all damages due to product defects. Liability exclusion, or indemnification provided before damage occurs, is prohibited. For food, pharmaceuticals and automotive products, specific secondary regulations are in place that estab - lish strict liability conditions. In recent years, the Court of Appeals has significantly broadened the scope of product liability in favour of consumers/customers. Notably, the court ruled that the statute of limitations does not apply to hidden defects, effectively extending the limitation period to ten years from the product’s delivery. Moreover, the court shifted the burden of proof to the manufac - turer once the claimant establishes that the damage
Turkish product safety legislation is underpinned by three fundamental pillars, complemented by specific regulations for certain industries and products: • The main body is the Turkish Code of Obligations, No 6098 (TCO), which is the backbone of civil law, together with Turkish Civil Code and Turkish Code of Commerce. Product safety matters are generally based on the tort law and contract law provisions of the TCO, or are interpreted in its context. • Whenever a product safety matter is connected with consumers, the terms of the Consumer Protection Law No 6502 (“Consumer Protection Law” or the CPL) would be applicable as a specific regulation. The CPL is an adapted version of EU’s Acquis Communautaire. • Law No 7223 on Technical Regulations and Prod - uct Safety (“Product Safety Law”) covers the prod - uct safety terms as a legislative text, which again closely mirrors the EU acquis. These three pillars collectively establish the frame - work for Turkish product safety law, encompassing contractual, tortious, and strict liability. Courts apply these principles based on the specific circumstances of each claimant’s case. Contractual liability, the most prevalent form, typically arises from a contractual relationship between parties, such as a manufacturer and a customer. It requires a breach of contract terms, such as non-compliance with agreed-upon specifications or objective techni - cal regulations. Notably, contractual liability is fault- based, necessitating proof of negligence or wrong - doing. The Turkish Code of Obligations extends strict liability to employers, animal/pet owners, and building own - ers for damages caused by their employees, animals/ pets, and buildings, respectively. Additionally, opera - tors and owners of high-risk businesses are subject to strict liability for damages resulting from their opera - tions, regardless of prudent behaviour.
279 CHAMBERS.COM
Powered by FlippingBook