Part of our Core Hub on Personal Injury Compensation in Türkiye: This guide covers injuries from events such as a gas explosion, an industrial fire, a falling crane load or a fireworks display, and asks whether the owner and the operator of the enterprise are liable under Article 71 of the Code of Obligations. For the wider framework of bodily injury claims, medical costs and loss of earnings, see our main pillar: Personal Injury Compensation in Türkiye: Complete Claims Guide.
Under TBK Article 72/1, a claim for compensation becomes time-barred two years after the injured person learned of the damage and of the person liable, and in any event ten years after the act, unless a longer criminal limitation period applies. Run the date of the event and the date you learned who was liable through the checker for a first orientation, then read section 8 for the rule itself.
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1. What Article 71 Says: Four Paragraphs
Article 71 follows directly after Article 70 and is headed tehlike sorumluluğu ve denkleştirme. It has four paragraphs, and each does a different job.
- The rule (first paragraph). If damage arises from the activity of an enterprise presenting significant danger (önemli ölçüde tehlike arzeden bir işletme), the owner of the enterprise (işletme sahibi) and, where there is one, the operator (işleten) are jointly and severally liable (müteselsilen sorumludur) for that damage.
- The test (second paragraph). The paragraph says when an enterprise is accepted as one presenting significant danger, and adds that an enterprise is also counted as one if any law lays down a special hazard liability for enterprises presenting similar dangers (section 3).
- The reservation. The same article provides that the special liability provisions laid down for a particular hazard are reserved (saklıdır) (section 4).
- Equalisation (final paragraph). Even if the legal order has permitted such an activity, the injured persons may ask that the damage caused by the enterprise’s activity be equalised by an appropriate sum (section 5).
What the first paragraph does not mention. Article 49/1 TBK, the general tort rule, obliges a person who causes damage to another “by a faulty and unlawful act” to make it good. The first paragraph of Article 71 uses different words: it attaches liability to damage that arises from the enterprise’s activity and does not refer to a faulty and unlawful act. In this guide “strict liability” is shorthand for that difference in wording; the Code’s own heading is hazard liability.
Not limited to bodily injury. The first paragraph speaks of damage (zarar) and does not limit it to bodily injury. This guide concentrates on injuries to people and leaves property claims aside.
2. Who Is Liable: The Owner of the Enterprise and, If There Is One, the Operator
Two persons are named. Under the first paragraph of Article 71, the owner of the enterprise and, if there is one, the operator are jointly and severally liable. Article 71 does not define either term. Who they are for the site where you were hurt is a question of fact: one person may own the enterprise and another may run it, or one person may be both. A claim is easier to frame if you can name both from the start.
What “jointly and severally” means for you. Under Article 162/1 TBK, joint and several liability arises when each of several debtors declares to the creditor that they accept liability for the whole debt; under Article 162/2, where there is no such declaration, it arises only in the cases the law provides for, and the first paragraph of Article 71 is such a provision. Article 163/1 then says that the creditor may demand performance of the whole debt or of a part of it from all of the debtors or from just one of them, and Article 163/2 adds that the debtors’ liability continues until the whole debt is paid. Applied to a compensation claim for which the owner and the operator are jointly and severally liable, this is the provision under which the injured person may look to one of them or to both.
Several persons liable on different grounds. Article 61 TBK provides that where several persons have jointly caused damage, or are liable for the same damage on various grounds, the provisions on joint and several liability apply to them. Where, for example, a contractor who worked at the site is also liable for the same damage on another ground, Article 61 applies the provisions on joint and several liability to them as well.
Between those who are liable. The question of who ultimately bears what is separate from your claim. Under Article 62/1, when compensation is shared among joint and several debtors liable for the same damage, all the circumstances are taken into account, in particular the weight of the fault attributable to each and the intensity of the danger they created. Under Article 62/2, a person who pays more than their own share has a right of recourse against the other joint and several debtors and takes over the injured person’s rights.
3. The Test: What Counts as an Enterprise Presenting Significant Danger
The statutory test. The second paragraph of Article 71 says that an enterprise is accepted as one presenting significant danger if it is concluded that, having regard to its nature or to the materials, tools or forces used in the activity, it is capable of causing frequent or serious damage even when all the care expected of a person skilled in such work is shown.
The second route into the definition. The same paragraph adds that, in particular, if any law lays down a special hazard liability for enterprises presenting similar dangers, the enterprise in question is also counted as an enterprise presenting significant danger.
A test, not a list. The statute gives a test and does not name activities. It does not say whether a gas installation, an industrial site, a crane operation or a fireworks display meets it. That is a question for the court on the facts of each activity, and the factors the text itself names are the nature of the enterprise and the materials, tools or forces used in its activity. Evidence about what was used at the site and how the activity was run therefore matters to the claim, and it is worth noting down what you saw before it changes.
4. Special Liability Provisions Are Reserved, and Road Accidents Are Addressed in the Highway Traffic Law
The reservation. Article 71 provides that the special liability provisions laid down for a particular hazard are reserved. The article does not list those provisions. For the hazard that injured you, a lawyer therefore checks whether a special law contains a liability rule of its own and considers what is found together with Article 71.
Road accidents. The Highway Traffic Law No. 2918 also addresses injuries from the operation of a motor vehicle: its Article 85 deals with the liability of the operator (işleten) of a motor vehicle whose operation causes a person’s death or injury. For a road accident, see our guide to traffic accident compensation in Türkiye.
5. Permission Does Not Close the Door: The Equalisation Paragraph
The final paragraph. An operator facing a claim may point out that the activity was permitted. The final paragraph of Article 71 speaks to that point. It says that even if the legal order has permitted this kind of activity of an enterprise presenting significant danger, the injured persons may ask that the damage caused by the enterprise’s activity be equalised by an appropriate sum (uygun bir bedelle denkleştirilmesi).
What the text leaves to the court. The paragraph gives no figure and no formula. What sum is appropriate, and how it is measured, is for the court.
6. What You Must Show and How the General Rules Apply (TBK 49 to 52, 60)
What the claim is built on. The first paragraph of Article 71 makes liability depend on damage arising from the activity of an enterprise presenting significant danger. A claim is therefore built on the activity, the damage, the link between them, and the facts that bring the enterprise within the second paragraph. Article 50/1 TBK places on the injured person the burden of proving the damage. Where the amount 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.
Fault in the picture. Article 50/1 speaks of proving the damage and the fault of the person who caused it. The first paragraph of Article 71 does not refer to fault. How the two provisions fit together on the facts of your case is for the court, and the evidence you gather should cover both the activity and the damage in any event.
The extent of compensation. Under Article 51/1, the judge determines the extent and the manner of payment of compensation having regard to the circumstances and in particular the weight of the fault. Under Article 51/2, if payment by annuity (irat) is ordered, the debtor must give security. Under Article 52/1, if the injured person consented to the act that caused the damage, contributed to the occurrence or increase of the damage, or worsened the position of the person liable to pay compensation, the judge may reduce the compensation or remove it entirely. These are the Code’s general provisions on compensation. Whether, and how far, Articles 51 and 52 bear on a claim under Article 71 is assessed by the court on the facts.
Choosing between legal grounds. Under Article 60 TBK, 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. Where, for instance, the same defendant’s liability could rest both on Article 71 and on Article 49, this is the rule that governs the choice.
7. What Can Be Claimed: Bodily Damage and Moral Damages (TBK 54 to 56)
Heads of bodily damage. Article 54 TBK lists the heads of bodily damage. They are, in particular:
- Treatment costs: for example emergency care, surgery, dressings, medication, physiotherapy and related expenses.
- Loss of earnings: income lost while unable to work.
- Losses arising from the reduction or loss of working capacity, where the injury leaves a lasting impairment.
- Losses arising from the impairment of economic future.
How bodily damage is calculated. Under Article 55/1, bodily damage is calculated according to the provisions of the Code and the principles of liability law. Social security payments that cannot be recovered by recourse, in whole or in part, and payments not made for the purpose of performance cannot be taken into account in determining such damage and cannot be deducted from the damage or the compensation. The calculated compensation cannot be increased or reduced on equitable grounds by reference to its amount.
Interest and early payments after the 2026 amendment. Law No. 7589, adopted on 16 July 2026 and published in the Official Gazette on 31 July 2026, added two paragraphs to Article 55. Under the transitional provision of that Law, the change applies to torts and damaging events that occur after it entered into force on 31 July 2026; for earlier events the earlier text of Article 55 continues to apply. For losses arising from the reduction or loss of working capacity, statutory interest runs on the total of the compensation calculated for the period in which the injured person’s earnings are known from the date of the tort or of the event that caused the damage, and on the total of the compensation calculated for the period in which earnings cannot be known from the date of the judgment. For the same losses, a sum paid for the purpose of performance until the taking of evidence (tahkikat) begins is deducted proportionally from the amount of compensation determined according to the date of payment. If anyone pays you something early, record the date and the amount. Our statutory interest calculator gives a first orientation on the interest component.
Moral 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 moral damages (manevi tazminat). Under Article 56/2, in the case of serious bodily harm or death, an appropriate sum may also be awarded as moral damages to the relatives of the injured or deceased person. The Code sets no amount; that is for the court.
8. The Time Limit (TBK 72)
The text of Article 72/1. A claim for compensation (tazminat istemi) becomes time-barred (zamanaşımına uğrar) on the expiry of two years from the date on which the injured person learned of the damage and of the person liable to pay compensation, and in any event ten years from the date of the act. If the compensation arises from an act that requires a penalty for which the criminal laws provide a longer limitation period, that longer period applies.
A defence that survives. Under Article 72/2, if, on account of the tort, a debt has arisen on the injured person’s side (zarar gören bakımından), the injured person may at any time refuse to perform that debt even if the claim for compensation arising from the tort has become time-barred.
Which period governs your claim. The statute’s verb is “becomes time-barred”, which is limitation, and it is worded for compensation claims. Which period governs a particular claim, including whether a special law has a period of its own, is for the court. The safe course is to diary the earliest date that could apply and to act before it. Our claim time-limit checker gives a first orientation on dates.
Claiming from abroad. A visitor who has returned home can instruct a lawyer in Türkiye. Ask which form of power of attorney is needed for the place where you are, and keep the medical records from treatment in your home country, because translations may be needed.
9. Article 71 and Article 69 Compared, and the Practical Steps
A fall from a broken stair or a falling façade element is a building question, which is the subject of Article 69; see our guide to injuries in a building and the owner’s liability. An injury from the activity of an enterprise presenting significant danger is the subject of Article 71. The table sets out the differences in the words of the statute. The time limit for a compensation claim, Article 72/1, is covered in section 8.
| Question | Article 71 (enterprise presenting significant danger) | Article 69 (building or other structure) |
|---|---|---|
| What triggers liability | Damage arising from the activity of an enterprise presenting significant danger (first paragraph) | Damage arising from defects in the construction of a building or other structure, or from deficiencies in its maintenance (Art. 69/1) |
| Who is liable | The owner of the enterprise and, where there is one, the operator, jointly and severally (first paragraph) | The owner of the building or structure (Art. 69/1); holders of usufruct and of the right of residence are jointly and severally liable with the owner for damage from deficiencies in the maintenance of the building (Art. 69/2) |
| The test | The nature of the enterprise or the materials, tools or forces used; capable of frequent or serious damage even when all the care expected of a person skilled in such work is shown (second paragraph) | Defects in construction or deficiencies in maintenance (Art. 69/1) |
| Recourse and shares | Shares among joint and several debtors and recourse of the one who pays more than their share: Art. 62 | The right of recourse of those liable against other persons liable to them on these grounds is reserved (Art. 69/3) |
Practical steps after an injury from a hazardous activity
- Get medical care first and keep every record: the emergency report, photographs of the injuries, reports from your treating doctors, prescriptions and every invoice, because these support the heads of damage in TBK Article 54.
- Record the site while you can: photographs and video of the installation, the equipment and the surroundings, with the original files and their dates, because the second paragraph of Article 71 turns on the nature of the enterprise and the materials, tools or forces used in its activity.
- Write down who owns and who runs the enterprise: trade names, addresses and any document that names them, because the first paragraph of Article 71 names the owner and, where there is one, the operator.
- Note the witnesses: names and contact details of people who saw the event.
- Keep clothing and personal items damaged in the event, in the condition they are in.
- Keep any report or letter you receive about the event, from any source.
- Record any payment or offer, with its date and amount, in view of the proportional deduction rule added to TBK Article 55 in 2026, which applies to events after 31 July 2026.
- Diary the earliest time limit: two years from learning of the damage and the person liable under TBK Article 72/1, or a longer criminal limitation period where that clause applies.
An injury from a dangerous enterprise raises one practical question: who answers for it. Article 71 TBK names the owner of the enterprise and, where there is one, its operator, and makes them jointly and severally liable for damage arising from the enterprise’s activity. The second paragraph gives the test for an enterprise presenting significant danger without listing activities, the same article reserves special liability provisions for particular hazards, and its final paragraph lets injured persons ask for equalisation even where the activity is permitted. Articles 49 to 56 contain the Code’s general rules on proof, the extent of compensation and the heads of bodily damage, and Article 72/1 sets the period for a compensation claim (tazminat istemi), with the court deciding which period governs. Recording the site, naming the owner and the operator, keeping the medical file and diarying the earliest time limit are the steps that keep the claim open.
Scope. This page describes the Turkish rules as in force in October 2026: Articles 49 to 52, 54 to 56 (including the paragraphs added to Article 55 by Law No. 7589, published on 31 July 2026, which apply to events that occur after that date), 60 to 62, 69, 71, 72, 162 and 163 of the Turkish Code of Obligations No. 6098, and, for the distinction only, Article 85 of the Highway Traffic Law No. 2918. It does not cover other special laws on particular hazards, insurance cover, administrative liability, criminal proceedings or property claims. Each case turns on its own facts and evidence.
Frequently Asked Questions
I am a tourist and was hurt at a fireworks display. Can I rely on Article 71?
Article 71 applies to damage arising from the activity of an enterprise presenting significant danger, and its wording contains no condition about the injured person’s nationality or residence. Whether a particular fireworks display, or any other activity, meets the test in the second paragraph is decided by the court on the facts of that activity.
Whom can I claim against, the owner or the operator?
Under the first paragraph of Article 71, the owner of the enterprise and, where there is one, the operator are jointly and severally liable. Under Article 163/1 TBK, the creditor may demand performance of the whole debt or of a part of it from all of the debtors or from just one of them, and under Article 163/2 their liability continues until the whole debt is paid.
The operator says the activity was permitted. Does that end my claim?
The final paragraph of Article 71 says that even if the legal order has permitted the activity of an enterprise presenting significant danger, the injured persons may ask that the damage caused by the activity be equalised by an appropriate sum. The text gives no figure; the court decides what sum is appropriate.
Do I have to prove that the operator was at fault?
The first paragraph of Article 71 attaches liability to damage arising from the enterprise’s activity and, unlike Article 49/1, does not mention a faulty and unlawful act. Article 50/1 places on the injured person the burden of proving the damage, and speaks of the fault of the person who caused it; how the provisions fit together in your case is for the court.
What can I claim for a bodily injury?
Article 54 TBK lists, in particular, treatment costs, loss of earnings, losses from the reduction or loss of working capacity and losses from the impairment of economic future. Under Article 56/1, the judge may also award an appropriate sum as moral damages where bodily integrity is harmed. Article 55 governs the calculation. For torts and damaging events that occur after 31 July 2026 it also contains rules on statutory interest and on proportional deduction of early payments for losses arising from the reduction or loss of working capacity; for earlier events the earlier text applies.
How long do I have to bring a claim?
Under Article 72/1 TBK, a claim for compensation becomes time-barred two years from the date the injured person learned of the damage and of the person liable to pay compensation, 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 longer period applies. Which period governs a particular claim is for the court; diary the earliest date that could apply.
My injury came from a road accident. Is Article 71 the provision?
The same article reserves the special liability provisions laid down for a particular hazard, and Article 85 of the Highway Traffic Law No. 2918 deals with the liability of the operator of a motor vehicle whose operation causes a person’s death or injury. For road accidents see our guide to traffic accident compensation; which provision governs depends on the facts.
I live abroad now. Can I still bring the claim?
A lawyer in Türkiye can act for you under a power of attorney. Ask which form is needed for the place where you are, and keep the medical records from your treatment at home, because translations may be needed.
Our page on personal injury compensation in Türkiye covers the wider claim; to discuss your own case, you can send your medical records and photographs of the site on WhatsApp or to hello@restitora.com.
Talk to someone about an injury from a hazardous activity
Send us a short account of what happened, where and when, photographs of the site and the installation, your medical reports, and any message from the owner, the operator or an insurer. We will tell you how Article 71 and the general rules of the Code of Obligations apply to your facts and what the next step should be.