Product Liability

Product liability is a complex and evolving area of law that affects both consumers and businesses. It involves the legal responsibility of manufacturers, distributors, retailers, and service providers for the safety and quality of their products and services. In this publication, we will explore some of the key aspects of product liability law and how it relates to different types of legal practice, dispute resolutions and litigation processes, such as contracts, IT law, certifications, and medical devices.

Contracts are essential for any business transaction, but they can also be a source of product liability claims. Contracts can specify the terms and conditions of the sale, delivery, warranty, and performance of a product or service. They can also allocate the risk and liability between the parties in case of a defect or failure. However, contracts cannot override the statutory rights and obligations of consumers and businesses under product liability law. For example, a contract cannot exclude or limit the liability of a manufacturer for personal injury or death caused by a defective product. Therefore, it is important to draft clear and comprehensive contracts that comply with the relevant laws and regulations.

IT law is another area of legal practice that intersects with product liability law. IT law covers the legal issues related to information technology, such as software development, licensing, data protection, cybersecurity, e-commerce, and intellectual property. IT products and services are subject to the same product liability rules as other goods and services, but they also pose some unique challenges. For instance, how do you determine the defectiveness of a software product that depends on multiple factors, such as hardware compatibility, user input, network connectivity, and external interference? How do you prove the causation and damages of a software failure that affects intangible assets, such as data loss, reputational harm, or business interruption? How do you deal with the cross-border nature of IT transactions that involve multiple jurisdictions and legal systems? These are some of the questions that IT lawyers need to address when handling product liability cases.

Certifications are another aspect of product liability law that can affect different types of legal practice. Certifications are official documents or marks that attest to the conformity of a product or service with certain standards or requirements. They can be issued by governmental authorities, industry associations, or independent organizations. Certifications can serve as a quality assurance mechanism for consumers and businesses, but they can also create legal obligations and liabilities for the parties involved. For example, a certification can imply a warranty or guarantee of fitness for purpose or safety of a product or service. A certification can also create a presumption of defectiveness or negligence in case of a product or service failure. Therefore, it is essential to understand the legal implications and consequences of obtaining or relying on certifications.

Medical devices are another category of products that are subject to specific product liability rules and regulations. Medical devices are instruments, apparatuses, implants, materials, or software that are intended for medical purposes, such as diagnosis, prevention, treatment, or monitoring of diseases or injuries. Medical devices are regulated by various laws and agencies that aim to ensure their safety and effectiveness. However, medical devices can still malfunction or cause adverse effects due to design flaws, manufacturing defects, inadequate instructions or warnings, improper use or maintenance, or contamination. When this happens, medical device manufacturers, distributors, health care providers, and patients can face serious legal consequences. Medical device lawyers need to be familiar with the technical aspects of medical devices as well as the regulatory framework and the case law that governs their liability.

From these examples, product liability law in Turkey is a diverse and dynamic field that requires specialized knowledge and skills from different types of legal practitioners. If you need legal advice or representation on any product liability issue, please contact our law firm today. In ISTLEGAL, we have a team of experienced Turkish lawyers who can assist you with any aspect of product liability law.