Compensation Liability That May Arise Without Fault

For certain losses, liability may not require separate proof of a person's own fault. Strict liability does not, however, mean everyone is liable for loss without any conditions. The special statutory ground, loss, and connection with the event must be shown.

The Special Ground of Liability

Employer, animal keeper, and building owner liability are different statutory structures. Risk liability and special statutes must also be assessed separately. The conditions in Articles 65 et seq. of the Turkish Code of Obligations must not be confused. Several grounds may arise in one event, but the basis must be established separately for each defendant.

Exculpation and Causation

Some liability types permit exculpatory proof of care, while others have a different structure. A single defence therefore cannot apply to all strict-liability situations. The conduct of the injured person or a third party must also be examined. Absence of a fault requirement does not remove the need for evidence of loss amount and causation.

Identifying the Correct Defendant

The owner, operator, beneficiary, or employer may be different persons. Title records, business organisation, and actual supervision must be investigated. We determine the applicable liability regime and against whom claims may be directed in which capacities, building an appropriate evidence plan without becoming confined to a general fault debate. Actual control of the business or structure must be compared with the records.

Documents That May Be Prepared for the Initial Review

• Owner or operator records
• The working and supervisory relationship
• Event and loss documents
• Safety and maintenance records

Submit Your Matter

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