Özet:

Product Safety and Technical Regulations Act holds manufacturers and certain other economic operators strictly liable for damage to a person or an item of property caused by dangerous products placed on the market by them. In this act, product safety rules and product liability rules are based on the same concepts and intertwined with each other. Therefore, product safety rules must be considered when product liability rules are interpreted and a solution that is appropriate for both areas of law must be found when the provisions of the act are interpreted. In the legal definition of the concept “product”, the word “things” should be read as “goods”. In order to establish product liability, it should be required that the product should be dangerous (unsafe) instead of non-compliant. The product should be safe in the course of its ordinary as well as reasonably foreseeable conditions of use. Compliance with technical regulations is not a ground for exemption from liability. If the injured person proves that the product caused damage in the course of its ordinary or reasonably foreseeable use, there should be a factual presumption that the product is dangerous and that there is causal relationship between dangerousness of the product and damage.

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