Under Turkish law, building owners are held responsible for damage caused by construction defects, poor maintenance, or improper use—even if they are not at fault. This legal concept is known as strict liability.

If someone is injured or killed due to falling debris, structural collapse, or similar events, the building owner may be required to pay compensation, including in cases involving tourists or foreign residents.

1. What Is Strict Liability in Turkish Law?

According to Article 69 of the Turkish Code of Obligations, building owners are liable for:

• Construction defects (e.g. poor workmanship, faulty materials)

• Maintenance failures (e.g. falling stones, snow, loose railings)

• Unsafe use of the building

The law states that owners must pay for damages even if they are not directly at fault.

2. When Is a Building Owner Responsible for Compensation?

If someone is:

• Injured due to structural failure

• Killed by falling debris or a building collapse
  …then the building owner can be sued for both material and immaterial compensation.

For example: In a court case in Cappadocia, a falling stone caused a fatal injury. The victim’s family received 483,000 TL in compensation.

3. Can a Building Owner Escape Responsibility?

Only in rare cases, including:

• Force majeure (natural disasters, war)

• Gross fault by the victim (e.g. ignoring danger signs)

• Third-party fault

However, Turkish courts interpret these exceptions narrowly, and owners usually remain at least partially liable.

4. What Compensation Can Be Claimed?

If the Incident Caused Death:

• Loss of support to family

• Funeral expenses

• Moral compensation

If the Incident Caused Injury or Disability:

• Medical costs

• Loss of earnings

• Moral compensation

Compensation is calculated based on:

• Victim’s income

• Extent of harm

• Lifestyle changes

If income cannot be proven, courts may use minimum wage as the baseline.

5. What Do Turkish Court Rulings Say?

The Court of Cassation applies the concept of “aggravated strict liability,” especially when building owners fail to maintain safety. Even minor fault can result in full responsibility.

In one ruling, the court stated that even when a building owner is only partially at fault, they are fully liable because they did not meet their duty of care.

Conclusion: Protecting Victims of Building-Related Accidents

In Turkey, building owners are strictly liable for damage caused by their property. If you’ve suffered harm or lost a loved one due to a building-related incident, it’s essential to act quickly and seek legal guidance to claim full compensation.