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LIABILITY LAW · PECUNIARY AND NON-PECUNIARY DAMAGES

Professional, Product and Construction Liability

Professional practice, unsafe products, construction and environmental damage. Identifying the liable party, the technical review and the legal route of application.

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Professional liability and errors in professional practice

  • Conducting medical malpractice allegations concerning physicians, hospitals and health care institutions in coordination with the relevant specialized practice area
  • Claims arising from the liability of attorneys, certified public accountants, architects, engineers, contractors, loss adjusters (eksper), consultants and other professionals
  • Review of the professional duty of care, the scope of the contract, technical standards, fault, causal link and damage
  • The scope of professional liability insurance, and notification and defense procedures
  • Legal representation of a professional or an organization against a compensation claim

Product liability and damage caused by unsafe products

  • Claims arising from death, injury or damage to other property caused by an unsafe or defective product
  • Determining the legal position of the manufacturer, importer, seller, distributor and other economic operators
  • Review of product design, production, instructions, warnings and traceability records
  • Product preservation, technical examination, sampling and evidence preservation procedures
  • Separate assessment of product liability insurance and the rights of election arising under consumer law

Damage to movable and immovable property, buildings and the environment

  • Compensation for damage to movable or immovable property, and claims for repair and diminished value
  • Damage arising from buildings, structures, installations, flooding, fire, collapse, excavation and the activities on neighboring immovable property
  • Liability of the building owner, the contractor, the subcontractor, the manager or the person who carried out the act
  • Review of loss of use, loss of rental income, business interruption and other property losses
  • Assessment of damage arising from environmental pollution and hazardous activities together with the special legislation

Distinguish an Adverse Outcome from Legal Liability

Not every adverse professional outcome is automatically fault. The duty of care, disclosure, professional standards and the link between the contract and the damage are investigated. In health care, whether the provider is a public or private institution may change the route of application.

Preserve the product, parts and technical records

The serial number of the product, the instructions for use, the warnings, the service history and images of the damage are important. Do not continue to use an unsafe product; avoid changes that would prevent the necessary expert examination. Rights concerning the price of a defective product itself and compensation for damage it causes to another person or property may rest on different legal bases.

Preserving evidence in construction and environmental damage

The start of repairs or a change at the scene can make proof more difficult. Without delaying urgent safety measures, photographs, records, technical reports and, where necessary, preservation of evidence are considered. The liability of the owner, the contractor, the operator and other parties may not depend on the same legal conditions.

Legal Basis

Depending on the nature of the claim, the Turkish Code of Obligations is applied together with the relevant special statute and procedural provisions.

This content is general information. It is not a substitute for a review of the specific file. Submitting an inquiry alone does not create an attorney–client relationship and does not stop statutory time limits.