Assessing Fault in a Compensation Action

The other party's conduct producing an unwanted result does not alone explain the scope of fault. Expected attention and care, the person's role, and applicable special rules must be assessed. The existence of fault and the connection between loss and causation are separate questions.

The Standard of Conduct

Intent or negligence may arise under general liability in Articles 49 et seq. of the Turkish Code of Obligations. Required precautions must be examined with the circumstances at the time. Professional or technical work may require a more specific care assessment. Characterisation or a fault report in a criminal file does not automatically replace every civil assessment.

The Injured Person's Contribution

The injured person's contribution to the occurrence or increase of loss may be assessed under Article 52 of the Turkish Code of Obligations. This does not always require dismissal of the whole claim. Fault allocation depends on the evidence and liability type. For example, the part of the loss increased by an omitted precaution must be shown; abstract criticism of conduct may be insufficient.

The Report's Foundations

The factual assumptions, technical standards, and documentary sources used for fault assessment must be clear. An allocation based on assumptions inconsistent with file records may be challenged. We compare the report internally and with other evidence, explaining in writing unanswered technical questions and legal assessments belonging to the court. A precaution taken after the event does not alone prove it existed at the event date.

Documents That May Be Prepared for the Initial Review

• Incident reports and images
• Applicable technical rules
• Fault reports
• Records of precautions taken or omitted

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.