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Personal Injury & Product Safety

Injured by a defective product bought in Türkiye: who pays and how to claim.

A kettle whose base overheats, a hair dryer that sparks, a child's toy that breaks into sharp pieces, a face cream that burns the skin, an e-bike battery that catches fire while charging in the hallway. When a product bought in Türkiye injures a foreign resident or visitor, the first question is who is liable. Turkish law offers three routes. The Product Safety and Technical Regulations Law No. 7223 (Ürün Güvenliği ve Teknik Düzenlemeler Kanunu) makes the producer or importer liable for damage that a product causes to a person or to property. The Consumer Protection Law No. 6502 (Tüketicinin Korunması Hakkında Kanun, TKHK) gives the buyer rights over defective goods and keeps a compensation claim open. The Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, TBK) supplies the general rules on tort and on how bodily damage is assessed. This guide explains who can be sued under each route, what has to be proved, the defences the law itself lists, the time limits in the words of each statute, and the evidence to secure from the first day.

Part of our Core Hub on Personal Injury Compensation in Türkiye: This guide covers injuries caused by an unsafe or defective product bought in Türkiye, such as an appliance, a toy, a cosmetic or a battery, and the claims against the producer, the importer and the seller. 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.

Check Whether Your Claim Is Still in Time

A product injury claim can run on three different limitation periods: three years under Article 6/6 of Law No. 7223, two years from delivery under Article 12/1 of the Consumer Law, and two years under TBK Article 72. Run the date of purchase, the date of the injury and the date you learned who was liable through the checker for a first orientation, then read section 9 for the rules themselves.

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In a bright home kitchen with plain white cupboards out of focus, a woman in her forties in a plain green sweater sits at a bare wooden kitchen table, her right hand wrapped in a clean white gauze bandage resting on the table, her left hand holding a glass of water, looking toward the window
The producer or importer answers for the product: under Article 6/1 of Law No. 7223, if a product causes damage to a person or to property, its producer or importer is obliged to make good the damage; under Article 6/2, the injured person must prove the damage and the causal link between the non-conformity and the damage.

1. Three Routes to Compensation for an Injury Caused by a Product

An injury caused by a product can be approached through three statutes. Each has its own defendants, its own burden of proof and its own time limit, and they are not mutually exclusive.

Law No. 7223 was published in the Official Gazette on 12 March 2020 and, under its Article 26, entered into force one year after publication. Its Article 6 is headed product liability compensation (ürün sorumluluğu tazminatı). It applies to all products intended to be placed, placed or made available on the market or put into service (Article 2/1). Where a special law exists for a product, Law No. 7223 applies to that product in matters on which the special law contains no provision (Article 2/3).

The TKHK governs the relationship between a consumer and the seller of defective goods, and gives the consumer elective rights such as repair, replacement, a price reduction or withdrawal from the contract, together with a compensation claim under the TBK.

The TBK contains the general rule that a person who causes damage to another by a faulty and unlawful act must make it good, and it governs how bodily damage and moral damages are assessed.

Law No. 7223 itself keeps the other routes open: under Article 6/7, the provisions of other laws on liability for compensation are reserved (saklıdır). Where the liability of one person can be based on more than one ground, Article 60 TBK provides that the judge decides on the ground of liability that offers the injured person the best possibility of redress, unless the injured person has asked otherwise or the law provides otherwise.

2. Who Can Be Sued Under Law No. 7223: Producer, Importer and, in Two Situations, the Distributor

The rule. Under Article 6/1 of Law No. 7223, if a product causes damage to a person or to property, the producer or importer of that product is obliged to make good the damage. Under Article 6/3, if more than one producer or importer is liable for the damage caused by the product, they are held jointly and severally liable (müteselsilen).

The definitions. Article 3/1 of the Law defines the persons involved. A producer (imalatçı) is a natural or legal person that manufactures a product, or has it designed or manufactured, and places it on the market under its own name or trade mark (3/1-g). An importer (ithalatçı) is a natural or legal person that imports a product and places it on the market (3/1-ğ). Placing on the market means making the product available on the market for the first time (3/1-k). A distributor (dağıtıcı) is a natural or legal person in the supply chain, other than the producer or the importer, that makes the product available on the market (3/1-ç): a shop, a market stall or an online seller may fall here. A product is any substance, preparation or goods (3/1-s).

When a distributor or importer counts as the producer. Under Article 11/1, importers and distributors that place a product on the market under their own name or trade mark, or that modify a product already on the market in a way that affects its conformity with its technical regulation or with the general product safety legislation, are deemed to be producers under the Law and are responsible for the producer's obligations in Article 7.

When the seller will not say who made the product. A foreign buyer may hold a product with an unfamiliar brand and no idea who imported it. Article 11/3 addresses this. Where the producer, the authorised representative or the importer of the product cannot be identified, a distributor that does not give the injured person the names and contact details of these economic operators, or, if it does not have them, those of the previous economic operator in the supply chain, within ten working days of the date on which the request is notified to it, is held liable for compensation as if it were the producer. Because the ten working days run from notification, it makes sense to send the request in a form whose delivery can be proved and to keep a copy.

Traceability records. Under Article 12/1, economic operators keep records of the name, trade name or mark and contact details of the previous and, where there is one, the next economic operator in the supply chain, keep them for at least ten years and present them on the request of the competent authority. Under Article 12/2, these obligations also apply to those who place or make products available electronically and to intermediary service providers that provide an electronic commerce environment for others. For a product bought online, the platform and the seller may therefore be holders of information on who supplied it.

3. What the Injured Person Must Prove (Law No. 7223, Articles 5 and 6)

Two elements. Under Article 6/2 of Law No. 7223, for the producer or importer to be held liable, the injured party must prove the damage they suffered and the causal link between the non-conformity and the damage. The provision names these two elements; it does not list the producer's fault among them. The general tort rule is worded differently: under Article 50/1 TBK, the injured person bears the burden of proving the damage and the fault of the person who caused it (section 7).

What non-conformity means. Non-conformity (uygunsuzluk) is defined in Article 3/1-r as the product's failure to comply with the relevant technical regulation or with the general product safety legislation. Under Article 5/1, a product must be safe. A safe product is one that, when used under normal conditions and in accordance with the instructions on its period of use, putting into service, installation, use, maintenance and supervision, carries no risk or only the minimum risk inherent in its use, and provides the level of protection necessary for human health and safety (Article 3/1-e).

A presumption the producer may rely on. Under Article 5/2, a product that complies with the provisions of its technical regulation on human health and safety is accepted as safe until the contrary is proved. Where there is no technical regulation, or it contains no provisions on health and safety, whether the product is safe is assessed under the general product safety legislation (Article 5/3). Whether a particular kettle, charger, toy or cream was non-conforming, and whether that non-conformity caused the injury, are questions the court decides on the evidence, which may include an expert examination of the product.

Instructions in Turkish. Under Articles 7/1-ğ and 9/1-e, the producer and the importer ensure that the assembly, use and maintenance instructions and the safety rules on or with the product are in Turkish, and under Article 10/1-a the distributor verifies, before making the product available, that the instructions and safety rules accompany it in Turkish. Keep whatever instructions came with the product, whatever their language; whether their content or absence is linked to the injury is again for the court.

Top-down view of a bare light wooden table with a single plain closed brown cardboard box with blank sides in the centre, a roll of white gauze bandage and a pair of folded reading glasses beside it
Keep the product and its box: the claim under Law No. 7223 rests on proof of the damage and of the causal link between the product's non-conformity and that damage (Article 6/2), and the product itself may be the central piece of evidence.

4. The Defences Written in the Law (Law No. 7223, Article 21)

Law No. 7223 lists the arguments that end or reduce the producer's or importer's liability. They are worth knowing because the other side's reply to a claim may be built on them.

Three grounds that remove liability. Under Article 21/3, the compensation liability in Article 6 ends (kalkar) if the producer or importer proves one of the conditions listed in Article 21/2:

  1. that it did not itself place the product on the market (21/2-a);
  2. that the non-conformity arises from an intervention in the product by the distributor or a third party, or from the user (21/2-b);
  3. that the non-conformity in the product results from its having been manufactured in conformity with technical regulations or other mandatory technical rules (21/2-c).

The burden of proving each of these lies on the producer or importer: the provision says liability ends if it proves one of them.

A third party's contribution does not reduce liability. Under the second sentence of Article 21/3, the fact that the damage was caused, alongside the non-conformity in the product, by the act or omission of a third person does not reduce the producer's or importer's liability under Article 6. Its right of recourse against the third person is reserved. That recourse is a matter between them.

The injured person's own fault. Under Article 21/4, if the damage was caused, alongside the non-conformity in the product, by the fault of the injured person or of a person for whom the injured person is responsible, the producer's or importer's liability under Article 6 may be reduced according to the circumstances or removed entirely. The wording is permissive: the court decides whether such fault exists and, if it does, how far it affects the compensation. An allegation that the product was misused is not a finding.

Exclusion clauses. Under Article 6/4, the provisions of contracts that release the producer or importer from compensation liability arising from the product, or that reduce that liability, are void (hükümsüzdür). A clause on a receipt, a box or a website stating that the maker accepts no liability for injury does not, under this provision, release the producer or importer.

5. The Consumer Route: Defective Goods Under the TKHK (Articles 8 to 12)

A buyer who acted for purposes other than trade or profession is a consumer under Article 3/1-k TKHK. A foreign resident or visitor who bought a heater for the flat or a toy for a child is in that position; a business buying equipment is not. The consumer route is a claim arising from the sale.

Defective goods. Under Article 8/1, goods are defective if, at the time of delivery to the consumer, they are contrary to the contract because they do not match the sample or model agreed by the parties or do not have the characteristics they should objectively have. Under Article 8/2, goods are also accepted as defective if they lack one or more of the characteristics stated on the packaging, the label, the user manual, the internet portal or in advertising, if they are contrary to the quality stated by the seller or set out in their technical regulation, or if they contain material, legal or economic deficiencies that reduce or remove the benefits the consumer can reasonably expect. Under Article 8/3, where the consumer was to assemble the goods and the assembly was faulty because of an error or omission in the assembly instructions, there is non-conforming performance.

The seller's duty and a presumption for the buyer. Under Article 9/1, the seller is obliged to deliver the goods to the consumer in conformity with the sales contract. Under Article 10/1, defects that appear within six months of delivery are presumed to have existed at the time of delivery, and it is then for the seller to prove that the goods were not defective; this presumption does not apply if it is incompatible with the nature of the goods or of the defect. Under Article 10/2, there is no breach of contract where the consumer knew of the defect when the contract was made, or could be expected to have known of it.

The elective rights and compensation. Under Article 11/1, if the goods are defective the consumer may choose to withdraw from the contract, keep the goods and ask for a reduction in price in proportion to the defect, ask for free repair, or ask for replacement with a defect-free equivalent where possible. Under Article 11/2, the rights to free repair and replacement may also be used against the producer or importer, and the seller, producer and importer are jointly and severally liable for performing them; the producer or importer is not liable if it proves that the defect arose after it put the goods on the market. For an injury, the decisive sentence is Article 11/6: together with one of these elective rights, the consumer may also claim compensation under the provisions of the Turkish Code of Obligations. The compensation itself is therefore assessed under the TBK rules described in sections 7 and 8.

6. Consumer Courts, Arbitration Committees and Mandatory Mediation (TKHK 68, 73, 73/A)

Consumer courts. Under Article 73/1 TKHK, consumer courts (tüketici mahkemeleri) have jurisdiction over lawsuits concerning disputes that may arise from consumer transactions and from practices directed at consumers. Under Article 73/5, consumer lawsuits may also be filed at the consumer court of the place where the consumer is domiciled.

Mediation first. Article 73/A, added by Law No. 7251 in July 2020, provides that in disputes heard by consumer courts, applying to a mediator before filing the lawsuit is a condition of action (dava şartı). The provision lists exceptions, among them disputes within the remit of a consumer arbitration committee and objections to the decisions of those committees.

Consumer arbitration committees. Under Article 68/1, as amended in March 2022, application to a consumer arbitration committee (tüketici hakem heyeti) is mandatory for disputes whose value is below a monetary threshold, without prejudice to the parties' rights under the Enforcement and Bankruptcy Law, and no application can be made to a committee for disputes above that threshold. The threshold is increased each calendar year by the revaluation rate (Article 68/4), so it is checked for the year of application. Under Article 68/3, the application may be made to the committee where the consumer is domiciled or where the consumer transaction took place.

Which door to knock on. Whether a particular injury claim is a dispute arising from a consumer transaction depends on who is sued and on what basis. A claim against the seller under the TKHK is a consumer dispute; whether a claim against a producer with whom the injured person had no contract falls before the consumer court is assessed on the facts of the claim. Because mediation is a condition of action for disputes heard by consumer courts, this question is settled before anything is filed.

7. The General Tort Route and the Choice Between Grounds (TBK 49 to 52, 60)

The basic rule. Under Article 49/1 TBK, a person who causes damage to another by a faulty and unlawful act is obliged to make it good. This route is not limited to producers, importers or sellers. It may be relevant, for example, where someone other than the producer installed, repaired or altered the product; whether that person's conduct was faulty and unlawful is for the court to decide.

The burden of proof. 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.

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 degree of fault. Under Article 52/1, if the injured person consented to the harmful act, contributed to the occurrence or increase of the damage, or worsened the position of the person liable, the judge may reduce the compensation or remove it entirely.

Choosing between grounds. Where a producer's liability can rest both on Article 6 of Law No. 7223 and on Article 49 TBK, Article 60 TBK lets the judge decide 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. The difference in what must be proved under Article 6/2 of Law No. 7223 and under Article 50/1 TBK is one reason the choice of ground matters.

8. What Can Be Claimed: Bodily Damage, Property Damage and Moral Damages (TBK 54 to 56)

The TBK sets the amount under every route. Under Article 6/5 of Law No. 7223, the provisions of the TBK apply to determining the amount of pecuniary and non-pecuniary compensation payable for damage caused by a product, and under Article 11/6 TKHK the consumer's compensation claim is made under the TBK. Article 54 TBK lists the heads of bodily damage. They are, in particular:

  1. Treatment costs: emergency care for burns or cuts, surgery, dressings, medication, physiotherapy and related expenses.
  2. Loss of earnings: income lost while unable to work.
  3. Losses arising from the reduction or loss of working capacity, where the injury leaves a lasting impairment, for example to a hand.
  4. Losses arising from the impairment of economic future.

How bodily damage is calculated. Under Article 55/1 TBK, 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 the damage and cannot be deducted from it. 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 of 16 July 2026 added two paragraphs to Article 55. For losses arising from the reduction or loss of working capacity, statutory interest runs on the compensation calculated for the period in which the injured person's earnings are known from the date of the tort or the harmful event, and on 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 before the taking of evidence (tahkikat) begins is deducted proportionally from the compensation determined as at the date of payment. If a seller or producer pays something early, record the date and the amount. Our statutory interest calculator gives a first orientation on the interest component.

Damage to property. Article 6/1 of Law No. 7223 covers damage caused by a product to a person or to property. A battery fire that damages a flat's floor, furniture and belongings can therefore form part of the same claim, alongside any injury.

Moral damages. Under Article 56/1 TBK, 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 compensation for non-pecuniary damage (manevi tazminat). Under Article 56/2, in the case of serious bodily harm or death, the relatives of the injured person may also be awarded such compensation. Where a child is injured by a toy and the harm is serious, this second paragraph is the provision under which the parents' own claim is examined.

9. Time Limits: Three Statutes, Three Wordings

Each statute words its time limit as limitation (zamanaşımı), but the length and the starting point differ.

Law No. 7223, Article 6/6. The limitation period (zamanaşımı süresi) for the compensation claim is three 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 on which the damage arose.

TKHK, Article 12. Unless a longer period is set by law or by the contract between the parties, liability for defective goods is subject to a two-year limitation period (iki yıllık zamanaşımına tabidir) from the date of delivery of the goods to the consumer, even if the defect appears later (Article 12/1). Under Article 12/3, if the defect was concealed by gross fault or fraud, the limitation provisions do not apply.

TBK, Article 72/1. A claim for compensation 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, 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 period applies.

Three wordings, three starting points: learning of the damage and the liable person, the delivery of the goods, the date the damage arose or the date of the act. Which period governs a given claim depends on the route on which it is brought, and that is for the court. The safe course is to diary the earliest date that could apply, which for a consumer purchase may be two years from delivery, and to act before it.

Claiming from abroad. A visitor who has returned home can have the claim handled by a lawyer in Türkiye under a written power of attorney signed before a Turkish consulate, or before a notary abroad with an apostille where that country is a party to the Hague Apostille Convention, or with consular legalisation where it is not. Medical records from treatment in the home country can support the claim for later treatment costs and lost earnings; translations may be needed. If the product stays in Türkiye, keep it somewhere safe and unaltered.

Injuries caused by a defect in a building rather than a product, such as a broken stair or a falling façade element, follow different rules; see our guide to injuries in a building and the owner's liability.

10. The Three Routes Compared and the Practical Steps

The three routes can run side by side, and Law No. 7223 itself reserves the others (Article 6/7). The table sets out the main differences; the steps below keep every route open.

QuestionLaw No. 7223 (producer liability)TKHK No. 6502 (defective goods)TBK No. 6098 (general tort)
Who can be suedThe producer or importer (Art. 6/1); several of them jointly and severally (Art. 6/3); an importer or distributor deemed producer (Art. 11/1); a distributor that does not name the producer, importer or previous operator within ten working days of notification of the request (Art. 11/3)The seller, for the elective rights (Arts. 9/1, 11/1); repair and replacement also against the producer or importer, jointly and severally with the seller (Art. 11/2)The person whose faulty and unlawful act caused the damage (Art. 49/1)
What the injured person provesThe damage and the causal link between the non-conformity and the damage (Art. 6/2)That the goods are defective (Art. 8); defects appearing within six months of delivery are presumed to have existed at delivery, unless this is incompatible with the nature of the goods or the defect (Art. 10/1)The damage and the fault of the person who caused it (Art. 50/1)
Defences in the textLiability ends if the producer or importer proves one of the grounds in Art. 21/2; a third person's contribution does not reduce it (Art. 21/3); the injured person's fault may reduce or remove it (Art. 21/4)No breach if the consumer knew or could be expected to know of the defect when contracting (Art. 10/2); producer or importer not liable for repair or replacement if it proves the defect arose after it put the goods on the market (Art. 11/2)The judge may reduce or remove compensation for consent, contribution or worsening of the liable person's position (Art. 52/1)
CompensationAmount determined under the TBK (Art. 6/5); contract clauses releasing or reducing liability are void (Art. 6/4)Compensation under the TBK together with an elective right (Art. 11/6)Heads of bodily damage (Art. 54), calculation and interest (Art. 55), moral damages (Art. 56)
Time limitLimitation: three years from learning of the damage and the person liable, ten years from the date the damage arose (Art. 6/6)Limitation: two years from delivery, unless a longer period is set by law or contract; not applied if the defect was concealed by gross fault or fraud (Arts. 12/1, 12/3)Limitation: two years from learning of the damage and the person liable, ten years from the act, or a longer criminal limitation period (Art. 72/1)
Forum and first stepDepends on who is sued and on what basis; consumer-court rules apply where the dispute arises from a consumer transactionConsumer court (Art. 73/1), also at the consumer's domicile (Art. 73/5); mediation is a condition of action (Art. 73/A); arbitration committee below the yearly threshold (Art. 68/1)Depends on who is sued and on what basis

Practical steps after an injury caused by a product

  1. Get medical care first and keep every record: the emergency report, photographs of the burns or wounds, specialist reports, prescriptions and every invoice, because these support the heads of damage in TBK Article 54.
  2. Keep the product and do not repair or discard it, together with the box, the label, the instructions, the charger or any accessory, because the causal link under Article 6/2 of Law No. 7223 may be examined on the product itself.
  3. Photograph the product and the place where it failed, keeping the original files with their dates, and photograph any damaged property.
  4. Keep the proof of purchase: the receipt, the invoice, the order confirmation and the seller's details, because the delivery date starts the TKHK period in Article 12/1.
  5. Ask the seller in writing who made or imported the product, in a form whose delivery can be proved, because of the ten-working-day rule in Article 11/3 of Law No. 7223.
  6. Check whether the dispute goes to a consumer court, and if so apply to a mediator before filing (TKHK Article 73/A), or to a consumer arbitration committee where the value is below the yearly threshold (TKHK Article 68/1).
  7. Record any payment or offer, with its date and amount, in view of the proportional deduction rule added to TBK Article 55 in 2026.
  8. Diary the earliest time limit: two years from delivery under TKHK Article 12/1, two years from learning of the damage and the person liable under TBK Article 72/1, three years from that knowledge under Article 6/6 of Law No. 7223.

An injury caused by a product raises one practical question: who pays. Turkish law answers it on three routes. Law No. 7223 makes the producer or importer liable for damage a product causes to a person or to property, on proof of the damage and of the causal link with the non-conformity, and it brings in the distributor that will not name its supplier. The Consumer Law gives the buyer rights against the seller and keeps a compensation claim under the Code of Obligations open. The Code of Obligations supplies the general tort rule and the measure of every award. Keeping the product, the purchase records and the medical file, asking the seller in writing for the supplier's details, checking whether mediation comes first, and diarying the earliest time limit are the steps that keep all three routes open.

Scope. This page describes the Turkish rules as in force in October 2026: Articles 2, 3, 5, 6, 7/1-ğ, 9/1-e, 10/1-a, 11/1, 11/3, 12, 21 and 26 of the Product Safety and Technical Regulations Law No. 7223; Articles 3, 8, 9, 10, 11, 12, 68, 73 and 73/A of the Consumer Protection Law No. 6502; and Articles 49 to 52, 54 to 56 (including the paragraphs added to Article 55 by Law No. 7589 in July 2026), 60 and 72 of the Turkish Code of Obligations No. 6098. It does not cover administrative fines, product recalls by the authorities, insurance cover or products bought outside Türkiye. Each case turns on its own facts and evidence.

Frequently Asked Questions

I am a tourist and bought the product in Türkiye. Can I rely on Law No. 7223?

Article 6/1 of Law No. 7223 refers to a product causing damage to a person or to property and makes its producer or importer obliged to make good the damage. Its wording contains no condition about the injured person's nationality or residence. Under Article 6/2, you must prove the damage and the causal link between the non-conformity and the damage; whether these conditions are met in your case is for the court.

The shop will not tell me who made or imported the product. What can I do?

Under Article 11/3 of Law No. 7223, where the producer, authorised representative or importer cannot be identified, a distributor that does not give the injured person the names and contact details of these operators, or of the previous operator in the supply chain, within ten working days of notification of the request, is held liable for compensation as if it were the producer. Send the request in a form whose delivery can be proved.

The producer says I used the product wrongly. Does that end my claim?

Not by itself. Under Article 21/2-b and 21/3 of Law No. 7223, liability ends if the producer or importer proves that the non-conformity arises from an intervention by the distributor or a third party, or from the user. Under Article 21/4, if the damage was caused, alongside the non-conformity, by the fault of the injured person or a person for whom they are responsible, liability may be reduced according to the circumstances or removed entirely. The court decides on the evidence.

The receipt says the maker accepts no liability for injury. Is that valid?

Under Article 6/4 of Law No. 7223, the provisions of contracts that release the producer or importer from compensation liability arising from the product, or reduce that liability, are void.

Do I have to go to mediation before suing?

Under Article 73/A of the Consumer Protection Law No. 6502, in disputes heard by consumer courts, applying to a mediator before filing a lawsuit is a condition of action, with listed exceptions such as disputes within the remit of a consumer arbitration committee. Under Article 68/1, application to a committee is mandatory for disputes below a monetary threshold revalued each year. Whether your claim is a consumer-court dispute depends on who is sued and on what basis.

How long do I have to bring a claim?

Under Article 6/6 of Law No. 7223, the limitation period is three years from the date you learned of the damage and of the person liable, and in any event ten years from the date the damage arose. Under Article 12/1 of Law No. 6502, liability for defective goods is subject to a two-year limitation period from delivery, unless a longer period is set by law or contract. Under Article 72/1 of the Code of Obligations, a tort claim becomes time-barred two years from learning of the damage and the person liable, and in any event ten years from the act. Diary the earliest date that could apply.

What can I claim for an injury caused by a product?

Under Article 6/5 of Law No. 7223, the amount of pecuniary and non-pecuniary compensation is determined under the Code of Obligations. Article 54 of that Code lists 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 6/1 of Law No. 7223 also covers damage caused to property.

A toy seriously injured my child. Can we as parents claim too?

Under Article 56/2 of the Code of Obligations, in the case of serious bodily harm or death, the relatives of the injured person may also be awarded an appropriate sum as moral damages. Note also Article 21/4 of Law No. 7223: if the fault of a person for whom the injured person is responsible contributed to the damage alongside the non-conformity, the producer's or importer's liability may be reduced according to the circumstances or removed entirely.

Talk to someone about an injury caused by a product

Send us a short account of what happened and when, photographs of the product, its label and packaging, the receipt or order confirmation, your medical reports, and any message from the seller, the producer or a platform. We will tell you how Law No. 7223, the Consumer Law and the Code of Obligations apply to your facts and what the next step should be.

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