Part of our Core Hub on Personal Injury Compensation in Türkiye: This guide covers injuries at gyms, fitness clubs, climbing walls, pools and other sports facilities, and when the operator answers for them under the Code of Obligations and the Consumer Protection Law. For the wider picture, see our main pillar: Personal Injury Compensation in Türkiye: Complete Claims Guide, and for an injury in a hotel or on an excursion, our guide to hotel, resort and excursion accident claims.
Under TBK Article 112, an operator that does not perform its obligations at all or not properly must make good the member’s resulting damage unless it proves that no fault at all can be attributed to it, and Article 54 lists the heads of bodily damage. Run your situation through the general claim check for a first orientation, and keep in mind that a waiver cannot exclude liability for gross fault (Article 115/1).
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1. Is the Gym or Sports Facility Liable for My Injury?
The direct answer. The operator can be liable on two routes. Under Article 112 TBK, if an obligation is not performed at all or not properly, the debtor, here the operator you made your membership, class or day-pass agreement with, must make good the resulting damage unless it proves that no fault at all can be attributed to it; under Article 116/1, it also answers for the damage its staff and other auxiliaries cause to you while carrying out the work. Outside the contract, Article 49/1 obliges anyone who causes damage to another by a faulty and unlawful act to make it good, and Article 66/1 makes an employer liable for the damage an employee causes to others while carrying out the work entrusted to them. A waiver signed at registration cannot exclude liability for gross fault (Article 115/1).
Who this guide is for. Members of a gym, fitness club, yoga or martial-arts studio, swimming pool, tennis or padel club, climbing gym or similar facility, and people who buy a day pass or a single class, including at a hotel or resort gym. If you had no agreement with the operator at all, for example as a spectator, the contract route in section 2 presupposes an obligation owed to you, and the claim can rest on the tort route in section 3.
- Which rules make the operator liable: the contract (sections 2 and 4) and the tort (section 3), and how the judge chooses between them (Article 60).
- What a waiver can do: the limits in Articles 115 and 116, the rules on standard terms in Articles 20 to 25 and the unfair-terms rule of Law No. 6502 (sections 4 and 5).
- What changes the amount: your own conduct under Article 52 and the heads of damage under Articles 54 and 56 (sections 6 and 7).
- What to do now: the time limits and the evidence to keep (sections 8 and 9).
2. The Contract Route: Articles 112, 114 and 116
The starting rule. Article 112 TBK says that if an obligation is not performed at all or not properly (hiç veya gereği gibi ifa edilmezse), the debtor must make good the creditor’s resulting damage unless it proves that no fault at all can be attributed to it (kendisine hiçbir kusurun yüklenemeyeceğini ispat etmedikçe). The text places the proof of the absence of fault on the debtor. What the operator’s obligations are under a particular membership, class booking or day pass, and whether they were performed properly, turns on the agreement and the facts, and is for the court.
Every kind of fault. Article 114/1 provides that the debtor is in general liable for every kind of fault (her türlü kusurdan). The same paragraph says that the extent of the debtor’s liability is determined according to the particular nature of the work, and that where the work brings no benefit to the debtor, the liability is assessed more leniently.
Tort rules inside the contract. Article 114/2 provides that the provisions on liability in tort apply by analogy (kıyas yoluyla) to breaches of contract. Through it, the rules on reducing compensation (Article 52) and on bodily damage (Articles 54 and 56) in sections 6 and 7 can be applied in a contract claim; how far is for the court.
Staff, trainers and other auxiliaries. Under Article 116/1, a debtor that leaves the performance of an obligation, or the exercise of a right arising from an obligation, to auxiliaries such as persons living with it or its employees must, even where it has done so lawfully, make good the damage they cause to the other party while carrying out the work. A trainer, a lifeguard, a person who holds the rope at a climbing wall or a receptionist who hands out equipment may be such auxiliaries. Whether a particular person was acting as the operator’s auxiliary, for example a self-employed trainer who rents space in the gym, is a question of fact for the court. Article 116/2 allows the liability for auxiliaries to be removed wholly or partly by an agreement made in advance, subject to Article 116/3 (section 4).
3. The Tort Route: Articles 49, 50, 60 and 66
The basic rule. Under Article 49/1 TBK, a person who causes damage to another by a faulty and unlawful act must make it good. This route does not depend on a contract, so it is also open to someone who had no agreement with the operator. If the injury was caused by a defect in the building itself, such as a staircase, a ceiling or a façade, see our guide to injuries in a building and the owner’s liability.
Who proves what. Under Article 50/1, the injured person bears the burden of proving the damage and the fault of the person who caused it. Where the amount of the damage cannot be fully proved, Article 50/2 lets the judge determine it equitably, taking into account the ordinary course of events and the measures the injured person took. Compare Article 112, where the debtor has to prove that no fault at all can be attributed to it.
The employer. Under Article 66/1, an employer (adam çalıştıran) must make good the damage that its employee causes to others while carrying out the work entrusted to them. Under Article 66/2, the employer is not liable if it proves that it showed the care needed to prevent the damage in selecting the employee, in giving instructions about the work and in supervision and control. Article 66/3 adds that an employer in an enterprise (işletme) must make good the damage caused by that enterprise’s activities unless it proves that the enterprise’s working organisation was suitable for preventing the damage.
Choosing between the routes. Under Article 60, if a person’s liability can be based on more than one ground, the judge decides on the ground that offers the injured person the best possibility of redress, unless the injured person has asked otherwise or the law provides otherwise. For a member hurt through a staff member’s act, the contract route (Articles 112 and 116) and the tort route (Articles 49 and 66) can both be put forward; which of them offers the best redress on your facts is the question Article 60 leaves to the judge.
4. Can a Waiver Signed at Registration Exclude Liability?
The direct answer. Not for everything. Under Article 115/1 TBK, an agreement made in advance that the debtor will not be liable for its gross fault (ağır kusur) is absolutely void (kesin olarak hükümsüzdür). Under Article 115/3, where a service, profession or trade that requires expertise can be carried on only with a permit given by law or by the competent authorities, an agreement made in advance that the debtor will not be liable for its slight fault (hafif kusur) is also absolutely void. Whether a particular facility or activity falls under Article 115/3 is a question the text leaves to the court.
Waivers and staff. Article 116/2 allows the liability for the acts of auxiliaries to be removed wholly or partly by an agreement made in advance. Article 116/3 makes an agreement that the debtor will not be liable for the acts of its auxiliaries absolutely void where a service, profession or trade that requires expertise can be carried on only with a permit given by law or by the competent authorities. The same question of fact arises as under Article 115/3.
A waiver in a form is a standard term. Article 20/1 defines general terms of business (genel işlem koşulları) as contract terms that the drafting party prepares alone and in advance, intending to use them in many similar contracts, and presents to the other party. Under Article 20/3, a statement that each term was discussed and accepted does not, on its own, take them out of that category. Under Article 21/1, the inclusion in the contract of general terms against the other party’s interest depends on the drafter having expressly informed the other party of their existence when the contract was made, having given them the opportunity to learn their content, and on the other party accepting them; otherwise they are deemed unwritten (yazılmamış sayılır). Under Article 21/2, general terms foreign to the nature of the contract and the particular character of the work are also deemed unwritten, and under Article 22 the rest of the contract remains valid.
Unclear and unfair terms. Under Article 23, a provision in general terms that is not clear and understandable, or that has more than one meaning, is interpreted against the drafter and in favour of the other party. Under Article 25, provisions against the other party, or that aggravate that party’s position, contrary to the rules of good faith, cannot be placed in general terms. For a member who is a consumer, Article 5 of Law No. 6502 adds the unfair-terms rule (section 5).
What to keep. Ask for a copy of what you signed, in the language in which you signed it, and note how it was presented to you; Article 21/1 turns on these facts.
5. Is a Gym Member a Consumer Under Law No. 6502?
The direct answer. Possibly. Article 3/1 of the Consumer Protection Law No. 6502 (Tüketicinin Korunması Hakkında Kanun, TKHK) defines a consumer (tüketici) as a natural or legal person acting for purposes that are not commercial or professional; a provider (sağlayıcı) as a person who offers services to consumers for commercial or professional purposes, or who acts in the name or on behalf of the one offering them; and a service (hizmet) as the subject of any consumer transaction, other than the supply of goods, carried out or promised in return for a fee or benefit. A person who buys a membership for their own training, and an operator that runs the facility as a business, may fit these definitions; whether they do on your facts is for the court.
A defective service. Under Article 13/1 TKHK, a defective service (ayıplı hizmet) is one that is contrary to the contract because it does not begin within the period set in the contract or does not have the features agreed by the parties and that it should objectively have. Under Article 13/2, services that lack the features announced by the provider or shown on its internet portal or in its advertisements, or that contain material, legal or economic shortcomings which reduce or remove their value for the purpose of use or the benefits the consumer can reasonably expect from them, are also defective. Under Article 14/1, the provider must perform the service in accordance with the contract.
The consumer’s rights. Under Article 15/1, where a service is performed defectively the consumer may choose, against the provider, to have the service performed again, to have the work resulting from the service repaired free of charge, a reduction of the price in proportion to the defect, or withdrawal from the contract; the provider must carry out the request the consumer prefers. The same paragraph says that the consumer may also claim compensation under the Code of Obligations together with one of these rights.
Unfair terms. Under Article 5/1, an unfair term (haksız şart) is a contract term included without negotiation with the consumer that, contrary to the rule of good faith, causes an imbalance in the parties’ rights and obligations to the consumer’s detriment. Under Article 5/2, unfair terms in contracts concluded with consumers are absolutely void, and the rest of the contract remains valid. Under Article 5/3, a term in a pre-drafted standard contract that the consumer could not influence is deemed not negotiated, and the drafter who says a standard term was individually negotiated must prove it. Under Article 5/4, written terms must use a language the consumer can understand, and an unclear term, or one with more than one meaning, is interpreted in the consumer’s favour.
Which court. Under Article 73/1, consumer courts (tüketici mahkemeleri) have jurisdiction over disputes arising from consumer transactions, and under Article 73/5 consumer cases may also be brought in the consumer court of the place where the consumer is domiciled. Under Article 73/A/1, for disputes heard in consumer courts, an application to a mediator before the case is filed is a condition for bringing the case, subject to the exceptions the same paragraph lists, among them disputes falling within the remit of consumer arbitration committees.
6. Your Own Conduct: Article 52 and the Amount of Compensation
The text. Under Article 52/1 TBK, if the injured person consented to the act that caused the damage, or contributed to the damage arising or increasing, or aggravated the position of the person liable to compensate, the judge may reduce the compensation or remove it altogether. The words are “may reduce” and “may remove” (indirebilir veya tamamen kaldırabilir): the text leaves the assessment to the judge. Through Article 114/2, the rule can also be applied by analogy in a contract claim.
Consent and sport. An operator may argue that a member who joined a demanding class, or chose a difficult route on a climbing wall, accepted the risk of it. Article 52/1 speaks of consent to the act that caused the damage (zararı doğuran fiile razı olmuş). How far joining a class or using a machine amounts to consent to the act that caused your injury is a question the court decides on the facts, together with any fault on the operator’s side.
The gravity of fault. Under Article 51/1, the judge determines the extent of the compensation and the manner of payment according to the circumstances and in particular the gravity of the fault.
What to record about your own conduct. Write down, while it is fresh, which instructions you were given and by whom, whether a warning sign was posted near the equipment, whether you used the equipment for its purpose, and whether you reported a problem with it before the injury.
7. What Can Be Claimed for a Bodily Injury?
The direct answer. Article 54 TBK lists bodily damage as including in particular: treatment costs; loss of earnings; losses arising from the reduction or loss of the ability to work; and losses arising from the impairment of economic future. The word “in particular” (özellikle) shows that the list is not closed. Under Article 50/1, the injured person proves the damage in a tort claim, so each head needs its own documents.
Non-pecuniary damages. Under Article 56/1, where a person’s bodily integrity is harmed, the judge may, taking into account the particular circumstances of the event, award the injured person an appropriate sum of money as non-pecuniary damages (manevi tazminat). Under Article 56/2, in the case of severe bodily harm or death, an appropriate sum may also be awarded to the relatives of the injured person or of the deceased. The text sets no amount; the judge fixes it.
When the extent is not yet known. Under Article 75, if the extent of the bodily damage cannot be fully determined at the time of the decision, the judge may reserve the right to amend the award within two years from the date on which the decision becomes final.
8. Time Limits
Tort. Under Article 72/1 TBK, a claim for compensation becomes time-barred (zamanaşımına uğrar) two years from the date on which the injured person learned of the damage and of the person liable to compensate, and in any event ten years from the date of the act. If the compensation arises from an act for which the criminal laws provide a longer limitation period, that period applies.
Contract. Under Article 146, unless the law provides otherwise, every claim is subject to a ten-year limitation period. Article 147 lists the claims subject to a five-year period; whether any of them covers a given claim is for the court.
Consumer law. Under Article 16/1 TKHK, unless the law or the contract sets a longer period, liability for a defective service is subject to a two-year limitation period from the date on which the service was performed, even if the defect appears later. Under Article 16/2, the limitation provisions do not apply where the defect was concealed through gross fault or fraud.
Which period governs. Which of these periods governs a given claim, and when it started to run, is for the court. Diary the earliest date that could apply and act before it.
9. Evidence: What to Secure After the Injury
Securing evidence through the court. Under Article 400/1 of the Code of Civil Procedure No. 6100 (HMK), each party may ask, for a fact it will put forward in a case it intends to bring, for steps such as an on-site inspection (keşif), an expert examination or the taking of witness statements. Under Article 400/2, a legal interest is needed; outside the cases the law expressly provides for, a legal interest is deemed to exist where there is a possibility that the evidence will be lost, or that putting it forward will become considerably more difficult, if it is not determined at once. A machine that is repaired or a floor that is re-surfaced may be such evidence.
The rules side by side. The table sets out what each route requires in the text and which time limit the text attaches to it.
| Route | What the text requires | Fault and proof | Time limit in the text |
|---|---|---|---|
| Contract (TBK 112, 114, 116) | An obligation not performed at all or not properly (Art. 112); the operator answers for damage its auxiliaries cause to the member while carrying out the work (Art. 116/1) | The operator must prove that no fault at all can be attributed to it (Art. 112); it is in general liable for every kind of fault (Art. 114/1) | Ten years unless the law provides otherwise (Art. 146); Article 147 lists the claims subject to five years |
| Tort (TBK 49, 50, 66) | A faulty and unlawful act causing damage (Art. 49/1); the employer answers for damage its employee causes while carrying out the work (Art. 66/1) | The injured person proves the damage and the fault (Art. 50/1); the employer is not liable if it proves the care required by Art. 66/2; an employer in an enterprise answers for damage caused by the enterprise’s activities unless it proves a working organisation suitable for preventing the damage (Art. 66/3) | Two years from learning of the damage and the person liable, and in any event ten years from the act; a longer criminal-law period applies (Art. 72/1) |
| Consumer law (TKHK 13 to 16) | A defective service (Art. 13); the provider must perform in accordance with the contract (Art. 14/1) | The consumer chooses one of the rights in Art. 15/1 and may also claim compensation under the Code of Obligations | Two years from the performance of the service unless a longer period is set; not applied where the defect was concealed through gross fault or fraud (Art. 16) |
| Waiver signed in advance (TBK 115, 116, 20 to 25; TKHK 5) | Void for gross fault (Art. 115/1); void for slight fault and for auxiliaries where the service requires expertise and a permit (Arts. 115/3, 116/3) | Standard terms against the member’s interest are deemed unwritten unless the member was expressly informed of their existence, given the opportunity to learn their content and accepted them (Art. 21/1); unfair terms in consumer contracts are void (TKHK Art. 5/2) | The court assesses the waiver as part of the claim |
Practical steps after an injury at a gym or sports facility
- Report the injury to the operator at once and ask for a written incident record; read it before signing anything and note anything you disagree with.
- Photograph the place and the equipment as they were: the machine, the cable, the hold, the mat, the wet floor, any warning sign or the lack of one, with the original files and their dates.
- Write down the names of the staff on duty, the trainer or instructor, and any other members who saw what happened, with a way to reach them.
- Ask the operator in writing to keep the camera footage of the area and the maintenance records of the equipment, and keep a copy of your request.
- Keep your contract documents: the membership agreement, the waiver or registration form you signed, the class booking, the receipt or card statement.
- Keep the records of your treatment and every invoice, and the documents that show any loss of earnings, because Article 54 TBK lists these heads of damage.
- If the equipment may be repaired or the floor changed, consider an application under Article 400 HMK to have the evidence determined.
- Diary the earliest time limit that could apply under Article 72/1 TBK or Article 16/1 TKHK.
An injury at a gym or sports facility raises one practical question: does the operator answer for it. Under Article 112 TBK, an operator that does not perform its obligations at all or not properly must make good the member’s resulting damage unless it proves that no fault at all can be attributed to it, and under Article 116/1 it answers for the damage its auxiliaries cause while carrying out the work. Article 49/1 and Article 66 add the tort route, and Article 60 lets the judge decide on the ground that offers the best redress. A waiver signed in advance is void for gross fault under Article 115/1, and standard terms and unfair terms are controlled by Articles 20 to 25 TBK and Article 5 of Law No. 6502. Notify the operator, secure the evidence and diary the earliest time limit.
Scope. This page describes the Turkish rules as in force in October 2026: Articles 20 to 25, 49 to 52, 54, 56, 60, 66, 72, 75, 112, 114 to 116, 146 and 147 of the Turkish Code of Obligations No. 6098, Articles 3, 5, 13 to 16, 73 and 73/A of the Consumer Protection Law No. 6502 and Article 400 of the Code of Civil Procedure No. 6100. It does not cover insurance cover, criminal liability, the rules of sports federations, injuries in organised competition, work accidents of staff or the licensing of sports facilities. Each case turns on its own facts and documents.
Frequently Asked Questions
I signed a form saying the gym is not responsible for injuries. Can I still claim?
The form does not settle the question on its own. Under Article 115/1 TBK, an agreement made in advance that the debtor will not be liable for its gross fault is absolutely void, and under Article 115/3 an agreement excluding liability for slight fault is also void where a service requiring expertise can be carried on only with a permit given by law or by the competent authorities; Article 116/3 says the same for the acts of auxiliaries. Under Article 21/1, standard terms against your interest are deemed unwritten unless you were expressly informed of their existence, given the opportunity to learn their content and accepted them, and for a consumer Article 5/2 of Law No. 6502 makes unfair terms void. The court assesses the form you signed.
Does the gym have to prove that it was not at fault?
In a contract claim, yes: under Article 112 TBK the debtor must make good the damage unless it proves that no fault at all can be attributed to it. In a tort claim, Article 50/1 places on the injured person the burden of proving the damage and the fault of the person who caused it. Under Article 60, the judge decides on the ground that offers the injured person the best possibility of redress, unless the injured person has asked otherwise or the law provides otherwise.
A personal trainer injured me. Is the gym liable for the trainer?
It can be. Under Article 116/1 TBK, a debtor answers for the damage its auxiliaries, such as its employees, cause to the other party while carrying out the work, and under Article 66/1 an employer answers for the damage its employee causes to others while carrying out the work entrusted to them, unless it proves the care required by Article 66/2; under Article 66/3, an employer in an enterprise also answers for damage caused by the enterprise’s activities unless it proves that its working organisation was suitable for preventing the damage. Whether a particular trainer was the gym’s employee or auxiliary is a question of fact for the court.
I was partly to blame. Do I lose the claim?
Not automatically. Under Article 52/1 TBK, if the injured person consented to the act that caused the damage, contributed to the damage arising or increasing, or aggravated the position of the person liable, the judge may reduce the compensation or remove it altogether. The assessment is the judge’s, on the facts, and Article 114/2 allows the rule to be applied by analogy in a contract claim.
What can I claim for?
Article 54 TBK lists bodily damage as including in particular treatment costs, loss of earnings, losses from the reduction or loss of the ability to work, and losses from the impairment of economic future. Under Article 56/1, the judge may also award an appropriate sum as non-pecuniary damages where bodily integrity is harmed. The law sets no amount; each head has to be supported by documents.
Can I rely on consumer law as a foreign member?
The definition of a consumer in Article 3/1 of Law No. 6502 turns on acting for purposes that are not commercial or professional and does not mention nationality or residence. Whether your membership is a consumer transaction is for the court. If it is, Article 15/1 lets you use one of the rights it lists against the provider for a defective service and also claim compensation under the Code of Obligations, Article 73/1 assigns the dispute to the consumer courts, and Article 73/A/1 makes an application to a mediator a condition for filing the case, subject to the exceptions it lists.
I am back home now. How long do I have?
Under Article 72/1 TBK, a compensation claim in tort becomes time-barred two years from the date the injured person learned of the damage and of the person liable, and in any event ten years from the act, unless a longer criminal-law period applies. Article 146 TBK sets a ten-year period unless the law provides otherwise, and Article 16/1 of Law No. 6502 sets two years from the performance of the service for liability for a defective service, unless a longer period applies. Which period governs is for the court, so diary the earliest that could apply. A lawyer in Türkiye can act for you under a power of attorney; ask which form is needed where you are.
Our page on personal injury compensation in Türkiye covers injury claims more widely; to discuss your own case, you can send the incident record, your photographs and the membership documents on WhatsApp or to hello@restitora.com.
Talk to someone about an injury at a gym or sports facility
Send us a short account of what happened, where and when, the incident record, your photographs, the names of witnesses, the membership agreement and any form you signed at registration, and the records of your treatment. We will tell you how the Code of Obligations and, where it applies, the Consumer Protection Law apply to your facts and what the next step should be.