Ürün Güvenliği ve Teknik Düzenlemeler Kanunu (ÜGTDK) Uyarınca Üreticinin Sorumluluğu

Abstract

A producer’s liability is defined as compensation liability of the producer for damages resulting from defective (noncompliant) products put into circulation by him. Under Turkish law, a producer’s liability is governed by Product Safety and Technical Regulations Law (PSTRL) number 7223, which was promulgated into the Official Gazette on March 12, 2020. Under the PSTRL, product liability is based on three fundamental provisions: Product liability compensation is regulated under Article 6; Article 11 covers secondary liability of suppliers, such as wholesaler, vendor, retailer, which are involved in the product supply chain; and Article 21 sets the grounds for exoneration from liability. Within the framework of the PSTRL, any injured person who has suffered personal injury or property damage because of a defective product can claim compensation from a producer with no-fault liability; agreements that exclude or limit a producer’s liability in advance are null and void. However, for the producer to be held liable, the injured person has to prove the defect (noncompliance) in the product, the damage, and the causal link between defect and damage. The compensation claim period is subject to a three-year limitation that begins on the date the injured person became aware of the damage and the producer’s identity as well as a ten-year limitation period that begins on the date the damage arose. Under Article 21 of the PSTRL, producers can be freed from liability if they prove that they did not place the product on the market, the defect (noncompliance) resulted from the supplier’s, a third party’s or the product user’s intervention, or the defect was a result of compliance with technical regulations or other mandatory technical rules.