Nick.Rogers@lamportbassitt.Co.Uk

Law relating to personal injury

My client was severely injured on holiday this year. She had paid for a parachute ride behind a speedboat. The owner failed to drive the boat properly and my client was hit in the face by a heavy metal harness. the owner appears to accept responsibility and paid initial hospital medical billls but my client now needs plastic and dental surgery.

I will soon be instructing Turkish lawyers but would greatly appreciate a short outline of the law in this area in Turkey. I imagine there are safety regulations but I don't know where to begin looking. I imagine the claimant has the burden of proof - does anything alter this? Any help or information gratefully received.

Nick Rogers

Hi,
Your case is mostly related with the Turkish Code of Obligations, particularly the provisions of torts(non-contractual) liability (art.41...)and the contractual liability(art.96...).The burden of proof varies regarding the mentioned legal concepts, as in the torts liability the claimant should assume the whole burden to prove the damage,fault of the offender(s)and the causality; while in the cases relied on the contractual liability just the substantiation of the damage is considered adequate by the applicant of compensation. As you may notice the latter opportunity provides more advantageous terms for the claimant, in any case you would better consult a turkish attorney for details.