Abstract:

If a defective (noncompliant) product puts into circulation caused damage to a person's life, bodily integrity or property other than the product itself, due to the failure to provide the justified security expected from it, the manufacturer can be sued for damages. This liability, which is named as product responsibility, has been deprived of legal regulation for a long time in Turkish law, but finally has a clear and detailed arrangement with the Law on Product Safety and Technical Regulations (LPSTR) numbered 7223 adopted on 5/3/2020 and published in the Official Gazette on 12/3/2020. The Law that will enter into force on 12/3/2021 has to a large extent achieved harmonisation with the European Council Product Liability Directive No. 85/374. However, there are striking differences in terms such as the concepts used in relation to liability and the scope of these concepts, the burden of proof of the aggrieved party, the circumstances under which the liability is discharged and the statute of limitations. This article, first, sets the background for product liability explaining the situation before the Law No. 7223, then examines the position of the LPSTR within the legislation, the level of compliance with the Directive and the legal characteristic of product liability.

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