TBK Article 71: "If damage arises from the activity of a business that poses a special danger due to the nature of the business or the way the activity is carried out, the owner of the business and the operator, if any, are jointly and severally liable for this damage."
Strict Liability
There is no fault required in this liability. The hazardous nature of the business is sufficient.
Businesses Considered Dangerous
- Petrochemical plants
- Nuclear power plants
- Explosive factories
- Mines
- Hydroelectric power plants
- Air transportation
- Pharmaceutical production
Relief from Liability
Business owner He can avoid liability by proving that he "took all necessary precautions"; However, this is a very difficult burden (TBK Article 71, so it is close to absolute liability).
Joint and Joint Liability
Both the owner and the operator are obliged to compensate for the damage. The part collected from one cannot be claimed from the other.
Supreme Court 4. HD
4. HD adopts that even "force majeure" does not always relieve liability in case of danger liability, and that such risks must be undertaken by the business due to the nature of the activity.
Compensation law lawyer is recommended.