With the rise of high-rise buildings across Turkey, elevator usage has become a necessity in everyday life. However, poorly maintained elevators or those with technical defects can cause serious injuries or fatalities. If you are a foreigner living in or visiting Turkey, understanding your legal rights after an elevator accident is essential to protect yourself and your family.

1. Legal Responsibility for Elevator Accidents

Under Article 684 of the Turkish Civil Code, elevators are considered part of the building’s structure. Therefore, building owners and management are strictly liable for damages caused by elevator malfunctions.

According to Article 69 of the Turkish Code of Obligations, even if building owners or site managers have shown care, they may still be held responsible for:

• Accidents caused by maintenance failures

• Accidents due to construction defects

• Accidents resulting from inadequate safety inspections

This concept of strict liability means they cannot avoid legal responsibility even without negligence.

2. Types of Compensation Available to Victims

Victims of elevator accidents may claim material and moral compensation, and in fatal cases, their families may also seek loss of support compensation.

• Material Compensation: Covers medical expenses, loss of income, and future earning capacity.

• Moral Compensation: Applies to pain, emotional distress, and suffering.

• Loss of Support Compensation: In cases of death, heirs may claim funeral expenses and financial support losses from the responsible party’s insurance.

3. Maintenance and Inspection Obligations

The Elevator Maintenance and Operation Regulation in Turkey requires that:

• Elevators be maintained monthly by authorized professionals.

• Elevators undergo annual inspections starting one year after installation.

• Construction companies are liable for accidents during building phases.

• In workplace-related accidents, employers may also be held accountable under Turkish labor law.

4. Calculating Compensation After an Elevator Accident

The amount of compensation depends on several factors:

• Degree of Disability: If the victim suffers long-term physical damage, compensation is calculated based on a medical disability report.

• Temporary Incapacity: Loss of income during recovery can be compensated.

• Damage to Property: If personal belongings are damaged during the accident, those losses may also be claimed.

• Criminal Proceedings: If a criminal court finds the building owner or manager at fault, this influences the civil compensation decision significantly.

5. Example Court Decision: Turkish Supreme Court Precedent

In Yargıtay 4th Civil Chamber Decision E.2011/6669, K.2011/8407, the court ruled in favor of the victim’s family after a fatal elevator fall. The site management and maintenance company were found liable for neglecting safety protocols, despite knowing the elevator posed risks. The ruling emphasized that maintenance contractors and site managers share responsibility.

Conclusion: Know Your Rights After an Elevator Accident in Turkey

Elevator accidents can have life-changing consequences. In Turkey, building owners, site management, and maintenance companies bear strict legal responsibility for ensuring elevator safety.

If you or a loved one has been injured in such an accident, you may be entitled to financial compensation. Pursuing both criminal and civil cases with professional legal support ensures that your rights are fully protected under Turkish law.