Liability of Several Persons for the Same Loss

Several persons' conduct or different liability grounds may contribute to one loss. Against whom the injured person can claim and allocation among liable persons must be assessed separately. Multiple defendants do not mean the same loss can be recovered repeatedly.

Each Person's Basis of Liability

Article 61 of the Turkish Code of Obligations regulates joint and several liability where persons cause loss together or are liable for the same loss on different grounds. One may be liable for culpable conduct, another as employer or building owner. Each defendant's connection with the event and legal basis must be established clearly. A commercial relationship alone is insufficient for joint liability.

Collections and the Single Loss

Payments, insurance compensation, and settlements must be compared with the same heads of loss. The effect of settlement with one person on claims against others depends on the text's scope and statutory rules. If loss must be divided into periods or components, these must be shown in the calculation. The total claimed must have a consistent basis for all defendants.

Recourse in the Internal Relationship

A liable person paying more than their share may pursue others where the conditions are met. Fault, risk created, and other circumstances are assessed under Article 62 of the Turkish Code of Obligations. The injured person's action must not be confused with that internal accounting. We build the application plan by showing correct parties, collected items, and potential recourse relationships separately.

Documents That May Be Prepared for the Initial Review

• Records showing each liable person's role
• Incident and fault reports
• All payments and settlements
• A table of heads of loss

Submit Your Matter

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