Obligations and contracts

Strict (no-fault) liability

Liability imposed by law for certain damage even where the person held responsible acted without any fault of their own.

All terms

Under Turkish law, strict liability makes a person answerable for certain damage regardless of fault. It departs from the fault principle in order to protect victims and to make those who benefit from risky activities bear the risks they create.

The main statutory examples are the employer's liability for damage caused by employees, the building owner's liability for defects in the structure, the liability of animal keepers, and liability arising from operations that create significant danger. The liability of motor vehicle operators for traffic accidents is a further strict liability regime set out in special legislation.

To escape liability, the responsible person must prove not the absence of fault but compliance with the statutory duties of care, or that the causal link between the activity and the damage was broken by an external cause.

Not to be confused with

Kusur sorumluluğu ile karıştırılmamalıdır: kusur sorumluluğunda zarar verenin kınanabilir bir davranışı aranır, kusursuz sorumlulukta ise kanunun belirlediği konum yeterlidir.

Statutory basis

  • TBK m.66
  • TBK m.69
  • TBK m.71

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.