TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
Additionally, several criminal allegations have been raised, though without successful outcomes to our knowledge, regarding smuggling and fraud. These allegations are based on the argument that product defects indicate false declarations in product con - formity documents, leading to smuggling during cus - toms clearance (for imported goods) and forgery of private documents. It should be noted that such allegations may prompt authorities to take stricter measures during market surveillance activities, including mandatory recalls or suspension of marketing activities. 2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law The Product Safety Law is the main legislation gov - erning product liability. However, extensive case law exists for product liability matters resolved under the tort law provisions of the TCO. Therefore, the terms of the Product Safety Law and the TCO can be taken as the main causes of action for product liability claims. Apart from general provisions, specific legislation for certain industries, such as pharmaceuticals, agricul - ture, or food products, may also be applicable. Liability under the Product Safety Law is triggered when a defective product causes death, injury, or harm to a person’s health, or damage to property. Claims may be brought against the manufacturer, those representing themselves as the manufacturer, importer, distributor, or seller. As a general principle, the claimant bears the burden of proving the defect, damage, and causation. Both the TCO and the Product Safety Law adhere to this approach. The Consumer Protection Law, however, shifts the burden of proof to the vendor, service provider, importer, or manufacturer for claims raised within the first six months of product or service delivery.
In specific cases, such as under the Pharmaceuticals Law or in situations involving strict liability for the sup - ply of dangerous goods, courts may presume liability on the manufacturer’s part. These rules, particularly those under the Pharmaceuti - cals Law or concerning dangerous goods like petrole - um gas or electricity, which are subject to strict liability according to case law, may require the manufacturer/ vendor to prove they acted with due care and that the product complied with all relevant standards. 2.2 Standing to Bring Product Liability Claims Any person, natural or legal, that suffers damage due to a defective product may bring a claim under the Product Safety Law or the TCO. Each claimant must initiate a separate lawsuit, as class action lawsuits are not recognised within the Turkish judicial system. However, while class actions are not available, the Consumer Protection Law empowers consumer asso - ciations and foundations to file determination cases or seek preliminary injunctions to safeguard the interests of their members or the groups they represent. Also, the Ministry of Commerce, relevant authori - ties and consumer associations may file lawsuits for declaratory judgment actions or preliminary injunction for prohibition or suspension of unlawful consumer- related matters under the Consumer Protection Law. 2.3 Time Limits for Product Liability Claims Under the TCO, the time limit for contractual obliga - tions is ten years. For damages arising from tortious acts, the limitation period is two years, commencing when the claimant becomes aware of (i) the damage; and (ii) the iden - tity of the responsible person. This period expires five years after the incident under the tortious act, unless the act also constitutes a crime, in which case criminal statute of limitations rules apply (typically longer than civil limitation periods).
282 CHAMBERS.COM
Powered by FlippingBook