TÜRKIYE Law and Practice Contributed by: Tansu Akin, Akin Legal
mandatory recalls or suspension of marketing activities.
for the supply of dangerous goods, courts may presume liability on the manufacturer’s part. These rules, particularly those under the Phar - maceuticals Law or concerning dangerous goods like petroleum 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 with - in the Turkish judicial system. However, while class actions are not avail - able, the Consumer Protection Law empowers consumer associations and foundations to file determination cases or seek preliminary injunc - tions to safeguard the interests of their members or the groups they represent. Also, the Ministry of Commerce, relevant author - ities and consumer associations may file law - suits for declaratory judgment actions or pre - liminary 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 obligations is ten years. For damages arising from tortious acts, the limi - tation period is two years, commencing when
2. Product Liability 2.1 Product Liability Causes of Action and Sources of Law The Product Safety Law is the main legislation governing 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 Safe - ty Law and the TCO can be taken as the main causes of action for product liability claims. Apart from general provisions, specific legisla - tion for certain industries, such as pharmaceuti - cals, agriculture, or food products, may also be applicable. Liability under the Product Safety Law is trig - gered 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 cau - sation. 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 pro - vider, importer, or manufacturer for claims raised within the first six months of product or service delivery. In specific cases, such as under the Pharmaceu - ticals Law or in situations involving strict liability
261 CHAMBERS.COM
Powered by FlippingBook