Manufacturer liability is the responsibility of the manufacturer for damages suffered by the user or a third party as a result of a defect in a product. It is evaluated in TKHK art.84 and TBK art.49.
Conditions of Liability
- There is a defect in the produced product
- This defect causes damage
- Damage to the victim
Attribute of Responsible
- Producer (In Türkiye or abroad)
- Importer
- Distributor (if the manufacturer is not specified)
- The person whose name/brand is on the product
Burden of Proof
TKHK article 84/4: "The manufacturer must prove that the defect in the product that caused the damage was not caused by him, but by a scientific or technical reason that was not possible to convey at the time the damage occurred." If", he is relieved of liability.
Recall
The manufacturer has the obligation to recall the product and warn consumers in case of serious danger arising from the product.
Typical Cases
- Accidents caused by automobile manufacturer's error
- Drug side effects
- Food poisonings
- Electronic device explosion/fire
Prescription (TKHK art. 84/5)
- 3 years from learning about the damage and the person responsible
- 10 years from the product being placed on the market
Consumer/compensation law lawyer recommended.