What legal relationships does a physical assault in a hotel give rise to?
The assailant’s personal liability is separate from the operator’s liability
In an allegation of intentional bodily injury, the conduct of the person who committed the act, their intent, any ground of justification and the nature of the offence are examined first. The hotel operator’s liability, on the other hand, may be based separately on the duty of protection and care arising from the accommodation contract, on the liability of the person who employs staff under Article 66 of the Turkish Code of Obligations (TBK), or on the act of an auxiliary person in the performance of an obligation under TBK Article 116. These legal bases lead to different results depending on the specific relationship between the staff member and the operator and on the connection of the assault with the business activity.
That the assault took place within the hotel premises is not enough on its own
One guest may have attacked another in the hotel lobby or on the beach. The place alone does not make the operator absolutely liable. By contrast, failure to ensure security despite earlier threats, deliberate neglect of access control, delayed response to calls for help, or staff contributing to the escalation of the incident are significant as regards a breach of the contractual duty of protection.
Limits of a security guard’s power to intervene and use force
The powers of private security guards and of general law enforcement are not the same
Article 7 of Law No. 5188 on Private Security Services lists the powers of private security, and Article 9 regulates the limits of their field and time of duty. These powers are not a licence for unlimited punishment, arbitrary detention or disproportionate physical force. Where it is alleged that a person was removed from the scene, that their belongings were searched, or that they were apprehended or subjected to force, statutory authority, necessity and proportionality are examined separately.
Assessment of lawful self-defence and necessity
A claim of lawful self-defence within the meaning of Article 25 of the Turkish Penal Code (TCK) is assessed against the conditions of an unlawful attack that is taking place or is certain to take place, and of a necessary and proportionate response to it. It must be compared with camera footage and witness statements whether the guard gave a verbal warning first and whether the intervention was aimed at stopping an ongoing attack. An injury finding alone proves neither that the guard had criminal intent nor that the intervention was lawful.
A personal fight outside duty versus intervention in the course of duty
A guard’s fight with a guest because of a personal feud and an intervention made while carrying out the hotel’s security service do not have the same legal nature. The functional connection of the act with the performance of the work must be examined when applying TBK Articles 66 and 116. The existence of a duty roster does not mean that every personal act of the guard is automatically attributed to the operator.
Law No. 5188, Article 23: the criminal-law status of a private security guard for offences connected with duty
Article 23 of Law No. 5188 provides that private security guards are to be punished as public officials for offences they commit in connection with their duties. This does not mean that a private security guard is a public official in every situation or that a purely personal dispute is automatically treated as an offence of duty. The guard’s order to intervene, the post, the course of the incident, the duty card, the security plan and the connection of the authority exercised with the performance of the work must be established. Where the victim alleges a violation of rights, the elements of the offence in the TCK, the victim’s own conduct and the limits of the statutory power to use force are examined separately.
The hotel’s liability for an assault by another guest
Foreseeable danger, warnings and earlier incidents
In assessing fault, the following carry weight: earlier threats, arguments or harassment having been reported to the operator; the incident occurring within the coverage of the security cameras; staff failing to respond to calls; and the absence of an appropriate security organisation at a risky event. Defences that the tourist never made the necessary complaint or that the incident developed suddenly and unforeseeably must likewise be examined against the evidence.
Access control and security organisation
The size of the hotel, its class, the type of event, entry points, the scope of the security service and the time of the incident are taken into account. No generalisation can be made that every hotel must have the same number of staff or that cameras are required at every point 24 hours a day. The measure that had to be taken is determined according to the concrete character of the risk and the technical and administrative rules in force.
An assailant from outside and a subcontracted security company
The assailant may be a third party who entered the hotel without permission, and the security service may have been outsourced to an independent company. The liability of the operator, the security firm and the actual assailant may be discussed in the same file but on different legal grounds. Contracts, duty rosters, risk assessments and reports made before the incident clarify this distinction.
Assessment of the assault under criminal law
Intentional bodily injury and injury aggravated by its consequences
Under TCK Articles 86 and 87, the nature of the beating and violence, the degree of the injury, danger to life, bone fractures, loss of function of a sense or organ and the other consequences that occurred are established by a forensic medical report. The same complaint or victim–offender mediation (uzlaştırma) regime does not apply to every form of intentional bodily injury; the specific classification of the offence is decisive.
Threat, insult, deprivation of liberty and the possibility of a sexual offence
The incident may not be limited to physical assault. Where there are allegations of threat, detention, insult or sexual assault, the material elements and the conditions of investigation must be examined for each separate offence. Several offence labels should not be asserted merely to make the case look more serious if the facts do not support them.
Related article: Sexual Assault and Harassment on Holiday: The Hotel Operator’s Liability, Victims’ Rights, Evidence and Compensation.
The complaint period and the criminal investigation are not the same thing
In offences subject to complaint, the periods under TCK Article 73 are important; in acts that are prosecuted ex officio, the same six-month complaint period does not apply automatically. A foreign tourist’s leaving Türkiye does not on its own extinguish the right to file a complaint. However, delay in the victim’s statement and in the evidence may adversely affect the quality of the investigation.
Victim–offender mediation and the limits of redress
Whether victim–offender mediation (uzlaştırma) can be applied is determined under Article 253 of the Code of Criminal Procedure (CMK) and the type of offence concerned. For certain aggravated forms of injury and for other offences, the mediation route is closed. A payment made in the criminal file does not automatically mean that the entire compensation claim has been waived; the wording of the payment statement, the release and the conditions of set-off must be read.
What steps should a tourist take immediately after the assault?
Medical care and the forensic report
First, the person should move to a safe place and, if necessary, request emergency medical help by calling 112. The examination report should show signs of the beating, the location of wounds, imaging, pain, temporary incapacity to work and follow-up recommendations. A hospital report may not always on its own complete the forensic assessment required under criminal law; law enforcement or the public prosecutor’s office may request a forensic report and a supplementary report.
Applying to law enforcement and the public prosecutor’s office
Where and when the incident took place; the description of the assailant; calls made to staff; witnesses; camera locations; and words spoken immediately after the incident should be conveyed consistently. The content of the statement must not be recorded in a way that is contrary to the facts; if an interpreter is needed, this should be stated.
Notice that prevents loss of evidence
A written request can be made to the hotel to preserve the security camera footage, the incident report, the electronic key-card records and the shift roster. There may be personal-data restrictions on handing the footage directly to the victim on request; where necessary, it is preferable to have the records obtained through the public prosecutor’s office or the court.
Change of room and security measures
If the assailant is staying at the same facility, the victim may need to be moved to another room or to leave the event area for their own safety. Requests that the hotel delays or refuses should be documented with correspondence and time information. If necessary, the measures and protective routes to be assessed by law enforcement may be sought.
Assessing camera, telephone and witness evidence
Elements to preserve in CCTV footage
The start and end times of the footage, any drift in the system clock, the device from which the footage was taken, whether there were interruptions and the integrity of the raw data are important. A screenshot is not a complete substitute for the raw video file. For this reason the device record and the metadata should be preserved as far as possible.
Mobile phone, messages, location and audio recordings
Numbers called after the assault, emergency call records, WhatsApp messages, communication with witnesses and photographs taken after the incident are supporting evidence. Making a secret recording unlawfully may give rise to separate liability; whether existing recordings can be used as evidence must be assessed according to the specific method.
Staff shifts and security contracts
By whom the guard was employed, their hourly shift, the instructions they received, any subcontracted service and the supervisors on duty that day are at the centre of the dispute. The fact that the documents are held only by the operator increases the importance of the tools of document production and preservation of evidence under the Code of Civil Procedure (HMK).
What compensation can be claimed against the operator?
Pecuniary damage: treatment, loss of earnings and additional expenses
Under TBK Article 54, items such as treatment, temporary or permanent incapacity to work, impairment of economic prospects and the need for care may be claimed to the extent of the actual loss. Items such as the tourist’s being unable to use the rest of the holiday, changing a return flight or paying for additional accommodation may be assessed separately, provided that an adequate causal link with the incident is shown.
Related article: Foreign Tourists Injured in an Accident in Türkiye: Treatment Abroad, Loss of Earning Capacity and Compensation Claims in Their Home Country.
Law No. 5188, Article 21: private security financial liability insurance
Article 21 of Law No. 5188 requires private-law persons and private security companies to take out private security financial liability insurance for damage that the private security guards they employ may cause to third parties. This cover is different from the hotel’s general operating liability insurance. In identifying the insurer and the policy, the following must be investigated: whose employee the guard was, the security service contract, the policy period, the insurance limit, whether the incident fell within the scope of duty, and possible exclusions in the general conditions for intentionally committed acts. It cannot be asserted that the policy pays unconditionally for every assault, or that the existence of insurance removes the liability of the assailant or the operator.
Non-pecuniary damages
Under TBK Article 56, the seriousness of the injury, the circumstances of the assault, physical integrity and psychological effects, and the degree of fault are taken into account. Non-pecuniary damages are not an automatic fixed amount. They are assessed separately in each specific case and require a compensation review that is independent of a criminal conviction.
To what extent does the criminal judgment affect the civil judge?
TBK Article 74 provides that the civil judge is not bound by the criminal judge’s assessment on the determination of fault and damage in the same way. The findings of material fact in the criminal file, the evidence and the effect of a final judgment must be assessed separately in the specific case. While awaiting finality, the risks of limitation and loss of evidence should not be overlooked.
Defences of the tourist’s fault, provocation and adequate causation
The operator or the assailant may argue that the assault was a mutual fight or that the victim aggravated the damage. These claims may affect the determination of compensation under TBK Article 52; however, a reduction for fault cannot be made solely on the basis of the other side’s allegation. Who made the first move, how the incident developed and the measures that could have been taken must be proved separately.
How should Court of Cassation decisions on liability be read?
Armed attack in a hotel and the allegation of inadequate security: Court of Cassation 13th Civil Chamber, 11.11.2015
In the decision of the Court of Cassation (Yargıtay) 13th Civil Chamber, E. 2015/26242, K. 2015/32886, the allegation was that a hotel guest was subjected to an armed attack and that the operator had not taken sufficient security measures. The local court had partially awarded non-pecuniary damages; on appeal the Court of Cassation affirmed the decision after correcting an error concerning the attorney’s fee. The decision shows that a compensation dispute may be brought because of a third party’s attack in a hotel; however, it cannot be read as a general rule establishing the operator’s definite liability in every third-party attack.
The hotel’s duty to ensure guest safety: Court of Cassation 3rd Civil Chamber, 14.12.2023
In the decision of the Court of Cassation 3rd Civil Chamber, E. 2023/2078, K. 2023/3741, a death resulting from leaving a dangerous technical area accessible was assessed. The incident was not a physical assault; it is therefore not a direct precedent but a supporting example for the separate discussion of guest safety, foreseeable risk and the victim’s own fault.
Comparison regarding an act of a business’s employee against a guest
In the decision of the Court of Cassation 11th Civil Chamber, E. 2013/2118, K. 2013/3870, dated 04.03.2013, a compensation judgment against a transport company and its employee, arising from the employee’s sexual assault on a passenger, was affirmed. This decision does not concern a hotel and has only limited comparative value as to the relationship of an employee’s act during service with the business.
Law, courts and representation for foreign tourists
An act in Türkiye and the applicable law
Article 34 of Law No. 5718 on Private International and Procedural Law (MÖHUK) takes the law of the country where the act was committed as the starting rule for obligations arising from torts; special provisions are taken into account where the damage occurs in another country or the relationship has a closer connection. The fact that the tourist has returned to their own country does not automatically mean that the law of their country applies to all items of damage.
The accommodation contract and consumer disputes
Whether an action brought on the basis of the accommodation contract falls within consumer law is determined by the capacity of the parties and the nature of the service relationship. Article 26(4) of MÖHUK contains exceptions for certain contracts of carriage other than package tours and contracts for services that must be provided in a foreign country; it cannot be said that MÖHUK automatically links every consumer contract to foreign law.
Power of attorney, translation and security
A power of attorney issued abroad, translation of documents and, where necessary, an apostille or consular certification may be required. Article 48 of MÖHUK regulates the rule on security for costs for a foreign claimant and the exemption based on reciprocity; security is not applied to everyone without evaluating the international conventions to which Türkiye is a party and the person’s status.
Interpreter, representation and investigation rights of a foreign victim
CMK Article 202 provides that a victim who cannot express themselves because they do not know Turkish is to be heard at the hearing through an interpreter, and that the relevant provisions also apply during the investigation phase. Under CMK Article 234, the victim and the complainant have rights such as requesting the collection of evidence, examining documents and, under the statutory conditions, benefiting from the assistance of a representative. The need for an interpreter must be stated expressly at the law enforcement and public prosecutor stages. Differences in meaning between the hospital report, the incident’s camera footage and statements in a foreign language must be eliminated; before the victim leaves Türkiye, the channel for communication and service of documents should be determined.
Jurisdiction, mediation and limitation
Consumer, general civil and criminal routes are subject to separate jurisdiction rules and conditions for bringing an action. The mediation regime applicable under Article 73/A of Law No. 6502 and the type of proceedings must be examined. The limitation period for torts under TBK Article 72 cannot be mechanically substituted for the periods for contractual claims or for criminal limitation. Preservation of evidence on its own does not suspend the periods for bringing an action or filing a complaint.
Interest on Compensation After 2026: Rate, Starting Date and Foreign Currency
The starting date of interest and the interest rate are not the same legal question
The amendment to TBK Article 55 made by Law No. 7589 regulates, only for the damage it covers (loss of earning capacity and loss of support), the starting date of interest by reference to the periods in which the income is or is not known, and the set-off of certain advance payments. By contrast, Law No. 3095 relates to separate matters such as the statutory interest rate to be applied and interest on foreign-currency debts. In the claim, the starting date of interest, the currency, the type of interest and the period must be justified independently of one another.
Law No. 3095, Article 1: variable statutory interest from 31 July 2026
Article 1 of Law No. 3095, as amended by Article 10 of Law No. 7589, takes as its basis, for statutory interest not fixed by contract, 80% of the rediscount rate applied by the Central Bank of the Republic of Türkiye (TCMB) to short-term credit transactions on 31 December of the previous year. If the 30 June rate differs from the previous 31 December rate by five points or more, 80% of the 30 June rate applies for the second half of the year. The interest rate is not fixed and is not the same for all years; it must be calculated according to the relevant date range and the provisions on entry into force and transition. The percentages here are not the current interest rate to be applied in a specific file; they are the statutory method of calculation.
Claims in foreign currency: Law No. 3095, Article 4/a and the currency of the judgment
Whether compensation can be claimed and awarded in a foreign currency is determined separately according to the item of damage, the nature of the debt, the applicable law and the relief sought. Article 4/a of Law No. 3095, for a claim characterised as a foreign-currency debt, unless a higher rate of interest is provided in the contract, takes as its basis the highest interest rate that state banks pay on one-year deposits opened in that currency. That an invoice issued abroad is in euros does not on its own show that the compensation awarded will be in euros. First the currency of the claim, and then the interest regime applicable to it, must be determined.
Partial Actions, Increase of the Claim and Limitation in Compensation Claims After 2026
The repeal of HMK Article 107 and the protection of actions filed earlier
Article 19 of Law No. 7589 repealed, as of 31 July 2026, HMK Article 107, which regulated the action for an indeterminate claim. However, the tenth paragraph of provisional Article 1 of the Law expressly provides that the repealed Article 107 continues to apply to actions filed before its repeal. An earlier action for an indeterminate claim therefore cannot be regarded as invalid merely because the provision was later repealed. The legal characterisation of new actions and the increase of the claim in pending files must be determined by assessing the date of filing together with the transitional provision.
HMK Article 109(4): a one-time increase of the claim in a partial action
The fourth paragraph added to HMK Article 109 by Article 20 of Law No. 7589 provides that, where part of a claim has been sued for, the subject of the claim may be increased once only in the same action until the end of the investigation phase (tahkikat), without being subject to the prohibition on extending the claim. The Law provides that, for the part increased in this way, limitation is deemed to have been interrupted as of the date of filing. The scope and timing of the increase and its relationship with court fees and with the relief sought must be reviewed separately in the specific file; unlimited or repeated increases cannot be made on the basis of the same rule.
Limitation, type of action and head of compensation must be examined together
For torts, TBK Article 72, and for claims arising from a contract or an insurance relationship, the applicable special or general periods must be kept separate. The new HMK Article 109(4) is not a provision that extends all limitation periods in general. In respect of pecuniary and non-pecuniary damages, treatment and incapacity to work, loss of support, insurance claims and the various claims directed at the other side, the type of action, the relief sought and the calculation of time must be set up together. A criminal investigation, preservation of evidence or a request for a meeting does not of itself suspend the statutory periods.
Conclusion
In a physical assault in a hotel, seeking redress does not consist solely of having the assailant punished. In the incident, the guard’s authority and its connection with the performance of the work, the foreseeability of the third party’s act, the hotel’s measures of intervention and protection, and the extent of the harm must be proved together. The most critical first steps are to obtain the medical and forensic report, to preserve the camera and shift records, to build a timeline of the incident, and to consider the appropriate criminal and compensation routes within time.
Frequently Asked Questions
If the hotel’s security guard assaulted me, can I sue the hotel directly?
If the incident is connected with the accommodation service, the staff member’s duty relationship and the conditions of the operator’s liability are met, a compensation action against the hotel may be considered. The personal liability of the assailant is separate.
Is the hotel always liable if another guest attacks?
No. The operator’s ability to foresee, prevent and intervene in the danger, notices given before the incident and the security arrangements are examined.
Does a security guard have the power to ask for identification and use force?
Law No. 5188 grants powers in certain situations; these powers are not unlimited, and the time and field of duty, necessity and proportionality are observed.
Is it necessary to obtain the assault report before leaving Türkiye?
It is important to obtain it as soon as possible. Medical records can also be submitted later; however, because physical findings change over time, an early examination strengthens the proof.
Can I request the camera footage from the hotel myself?
A request for preservation can be made. Because access to the records may be restricted in view of personal data and the rights of third parties, an order from the public prosecutor’s office or the court may be needed.
If the hotel says “the fight was mutual”, do I lose all my rights?
No. Actual fault and contribution to the damage are assessed; an allegation of a mutual fight does not on its own eliminate all claims.
If the assailant receives a prison sentence, is compensation paid automatically?
No. The criminal judgment and compensation are separate legal processes; the items of damage, the persons liable and the routes of collection are examined separately.
Can a tourist follow the file in Türkiye after returning to their country?
Yes. The investigation and compensation process can be followed with proper representation, translation and, where necessary, authorisation documents.
Is there a single time limit for a complaint and for compensation?
No. Whether the offence depends on a complaint, a contractual claim, a tort and criminal limitation are distinguished from one another.
Does private security insurance under Law No. 5188, Article 21 cover every assault?
No. The insurance is mandatory; but the obligation to pay is examined taking into account the policy period, the connection with duty, the general conditions of the insurance, the limits and exclusions for intentional acts.
Must a foreign victim give a statement in Turkish to law enforcement?
If they do not know Turkish well enough to express themselves, they should request that interpreter support be provided under CMK Article 202.
Can an action for an indeterminate claim be brought in a compensation case after 31 July 2026?
HMK Article 107 has been repealed; actions filed before its repeal are protected by the transitional provision. For new actions, HMK Article 109(4) and the specific structure of the claim must be examined for partial actions and increases of the claim.
Sources and legal bases
- Law No. 5237 Turkish Penal Code (Türk Ceza Kanunu), Articles 25, 73, 86, 87, 106 and related provisions.
- Law No. 5271 Code of Criminal Procedure (Ceza Muhakemesi Kanunu), Articles 90, 234, 253 and related provisions.
- Law No. 5188 on Private Security Services (Özel Güvenlik Hizmetlerine Dair Kanun), Articles 7 and 9. mevzuat.gov.tr
- Law No. 6098 Turkish Code of Obligations (Türk Borçlar Kanunu), Articles 49, 52, 54, 55, 56, 66, 72, 74, 112, 116.
- Law No. 6502 on Consumer Protection, Articles 73 and 73/A.
- Law No. 5718 on Private International and Procedural Law (MÖHUK), Articles 26, 34, 40, 45 and 48. mevzuat.gov.tr
- Law No. 7589, Official Gazette 31.07.2026/33326. resmigazete.gov.tr
- Law No. 5188 on Private Security Services, Article 21 (mandatory financial liability insurance) and Article 23 (application of criminal provisions for offences connected with duty). mevzuat.gov.tr
- Law No. 5271 CMK, Article 202 (interpreter) and Article 234 (rights of the victim and complainant). mevzuat.gov.tr
- Law No. 6100 Code of Civil Procedure (HMK), repealed Article 107, Article 109(4); transitional provisions of Law No. 7589. resmigazete.gov.tr
- Law No. 3095, Articles 1 and 4/a; Article 10 of Law No. 7589. mevzuat.gov.tr
- Court of Cassation 13th Civil Chamber (Yargıtay 13. Hukuk Dairesi), E. 2015/26242, K. 2015/32886, dated 11.11.2015 (armed attack in a hotel; affirmed with correction as to the attorney’s fee). app.dejure.ai
- Court of Cassation 3rd Civil Chamber (Yargıtay 3. Hukuk Dairesi), E. 2023/2078, K. 2023/3741, dated 14.12.2023 (fall in a hotel’s technical area; protection of guest safety; not a direct assault case). app.dejure.ai
- Court of Cassation 11th Civil Chamber (Yargıtay 11. Hukuk Dairesi), E. 2013/2118, K. 2013/3870, dated 04.03.2013 (assault on a passenger by a transport company’s employee; comparative value). app.dejure.ai