Buildings, apartment complexes, business centers, residential sites, hotels, retaining walls, balconies, roofs, elevators and similar structural elements are part of daily life. However, if these structures are not built safely, properly maintained or repaired when risks arise, they may cause serious accidents.

Injuries, permanent disabilities, death or property damage may occur as a result of falling building parts, roof collapse, retaining wall failure, defective stairs or railings, elevator malfunction, balcony collapse or unsafe common areas. In such cases, the liability of the building or structure owner may become a significant legal issue.

Under Turkish law, the liability of a structure owner is a special form of liability designed to protect injured persons. In this type of liability, the focus is not only on the personal fault of the owner, but also on whether the structure was kept in a safe condition and whether necessary maintenance and precautions were taken.

1. What Is the Strict Liability of a Structure Owner?

The liability of a structure owner differs from ordinary fault-based liability. In general, a person is liable for compensation if their fault is proven. However, in the liability of building and structure owners, the injured person does not always need to prove that the owner personally acted negligently.

The main issue is whether the damage was caused by the structure itself. If the structure was defective, poorly maintained or dangerous conditions were not eliminated, the owner may be held liable.

In other words, a building owner cannot always avoid liability by simply stating that they did not personally act negligently. The owner is expected to ensure that the structure does not pose a danger to third parties.

2. Which Structures May Fall Within This Liability?

The liability of a structure owner is not limited to apartments or residential buildings. If the damage is caused by a structural element, different types of buildings and structures may fall within the scope of liability.

Examples include:

• apartment buildings,
• residential complexes,
• business centers,
• hotels,
• hospitals,
• public buildings,
• roofs,
• balconies,
• staircases,
• elevators,
• façade claddings,
• retaining walls,
• garden walls,
• garages and storage areas,
• common areas,
• buildings under construction,
• bridges, roads, culverts and similar structural works.

The important point is whether the damage was directly or indirectly caused by the unsafe condition of the structure.

3. Main Grounds for the Liability of Structure Owners

The liability of a building or structure owner usually arises in three main situations: construction defects, lack of maintenance and failure to take safety measures.

Construction Defects

A structure may be considered defective if it was not built in accordance with technical standards, if there were static calculation errors, structural problems, poor-quality materials, construction contrary to the approved project or inadequate engineering practices.

Such defects may lead to the collapse of the entire building or to falling stones, concrete pieces, plaster, glass, roof elements or façade materials.

Lack of Maintenance

Even if a structure was originally built safely, it may deteriorate over time. Failure to repair risks in roofs, façades, balconies, staircases, elevators, railings, walls or common areas may be considered lack of maintenance.

For example, if damage occurs because of accumulated snow on a roof or loose building parts, the owner or building management may be expected to have noticed the risk and taken necessary precautions.

Failure to Take Safety Measures

In some cases, the danger may be known, but necessary safety measures may not have been taken. Failure to close off a dangerous area, place warning signs, prevent the use of a risky section or restrict access to unsafe areas may lead to liability.

For this reason, courts do not only examine the technical condition of the structure. They also consider what precautions were or were not taken before the accident.

4. Liability of Building Management and Site Management

In apartments and residential complexes, liability may not be limited to the registered owner. Building management or site management may also have duties regarding the maintenance, repair and safe use of common areas.

The management should monitor dangers in common areas, arrange necessary maintenance and repairs, take urgent precautions where needed and inform property owners when required.

In particular, accidents arising from elevators, roofs, façades, staircases, parking areas, garden walls, retaining walls and other common areas may require a separate assessment of the liability of the building or site management.

5. Can the Building Owner Avoid Liability?

The liability of a structure owner is a strict and serious form of liability. Therefore, avoiding liability is not easy. However, in certain exceptional cases, it may be argued that the causal link between the structure and the damage has been broken.

The following situations may be relevant:

Force majeure: Extraordinary events that could not reasonably be foreseen or prevented.

Gross fault of the injured person: For example, if a person enters a clearly dangerous area despite warnings or seriously disregards their own safety.

Gross fault of a third party: If the damage was directly caused by the independent and serious fault of a person other than the owner.

However, these situations do not automatically release the owner from liability in every case. The circumstances of the incident, the existing danger in the structure, the ability of the owner or management to take precautions and the way the damage occurred must be assessed together.

6. What Types of Damages May Be Claimed?

A person injured due to a building or structure-related accident may claim material and moral compensation. If the incident results in death, the relatives of the deceased may also claim compensation for loss of support.

Material Compensation

Material compensation aims to cover the economic losses suffered by the injured person. These may include:

• medical expenses,
• surgery and hospital costs,
• medication and physical therapy expenses,
• temporary incapacity for work,
• permanent loss of earning capacity,
• caregiver expenses,
• transportation costs,
• loss of income,
• property damage.

If the injured person can no longer perform their profession as before, suffers a reduction in income or faces a negative impact on their economic future, these issues may also be considered in the compensation calculation.

Moral Compensation

If a structure-related accident harms the bodily integrity of a person, moral compensation may be claimed for pain, fear, psychological suffering, reduced quality of life and the seriousness of the incident.

When determining the amount of moral compensation, courts may consider the degree of injury, whether there is permanent scarring or disability, the social and economic situation of the parties, the impact of the event on the victim and the principle of fairness.

Compensation for Loss of Support

If the accident results in death, the persons who were financially supported by the deceased may claim compensation for loss of support.

This compensation aims to cover the loss of economic support that the deceased provided or was expected to provide in the future. Funeral expenses and other necessary costs arising from the death may also be claimed.

7. How Is the Amount of Compensation Calculated?

The amount of compensation depends on the specific circumstances of each case. In injury cases, the injured person’s age, profession, income, recovery period, temporary incapacity period and permanent disability rate are important.

In fatal accidents, the age and income of the deceased, the persons supported by the deceased, the expected duration of support and the circumstances of the surviving dependants are taken into account.

In order to calculate the damage properly, medical reports, income documents, treatment records, disability reports, incident reports and technical expert reports are highly important. If documentation is incomplete, the compensation assessment may be more limited.

8. Importance of Evidence

Evidence is crucial in compensation claims based on the liability of building and structure owners. It must be shown that the damage was caused by the structure, that there was a construction defect or lack of maintenance, and that there was a link between the incident and the damage.

Important evidence may include:

• incident reports,
• photographs and videos,
• CCTV footage,
• witness statements,
• correspondence with municipalities or relevant authorities,
• technical inspection reports,
• expert reports,
• medical reports,
• hospital and treatment records,
• disability reports,
• income documents,
• criminal investigation documents,
• maintenance, repair and inspection records.

Collecting evidence immediately after the incident is important for the effective conduct of a future compensation claim.

9. Criminal Liability and Its Effect on Compensation Claims

If an incident caused by a building or structure results in injury or death, a criminal investigation may also be initiated against the responsible persons. In such cases, the manner in which the incident occurred, technical defects, omitted safety measures and possible chains of negligence may be examined in the criminal file.

Expert reports obtained in the criminal investigation may be important for the civil compensation case. However, the civil court separately evaluates the amount of compensation, the scope of damages and the extent of liability.

Therefore, in serious structure-related accidents involving injury or death, it may be important to follow both the criminal process and the compensation claim.

10. Approach of the Court of Cassation in Structure Owner Liability

In the practice of the Turkish Court of Cassation, the liability of structure owners may be interpreted broadly in order to protect injured persons. If a structure is not kept in a safe condition, maintenance is neglected or known dangers are not removed, the owner’s liability may arise.

Court practice shows that merely arguing “I was not at fault” may not always be sufficient. The structure owner must take the necessary care to prevent dangers arising from the building or structural work.

In particular, liability may arise where the danger was foreseeable, maintenance or repair was neglected, warnings were not provided or risky areas were left accessible.

Conclusion

The liability of building and structure owners has an important place in Turkish law for the protection of injured persons. If damage occurs due to a construction defect, lack of maintenance or unsafe use of a building or structural work, the structure owner may face compensation liability.

In cases involving injury, permanent disability or death, material compensation, moral compensation and compensation for loss of support may be claimed. In these cases, the technical aspects of the incident, structural defects, maintenance history, damage items, criminal file and expert reports must be evaluated together.

Therefore, in accidents arising from buildings or structural works, timely collection of evidence, obtaining medical reports and carefully conducting the legal process are essential to prevent loss of rights.