Product liability of online platform operators in comparative law

This thesis examines the tort liability of online platforms, particularly online marketplaces, for damages caused by defective products. With the rise of digital commerce, traditional doctrines of product liability have proven inadequate to capture the evolving role of platforms, which are no longer mere intermediaries but decisive actors in shaping transactions. The central argument advanced here is that regulating online marketplaces solely within the framework of existing liability regimes leaves consumers insufficiently protected, and that a more functional liability model must be developed—one that takes into account platforms' economic power, their degree of control over transactions, and the relationships they establish with consumers. Adopting a comparative legal method, the study analyzes legislation, case law, and doctrinal debates in the European Union, the United States, and Türkiye. The findings reveal significant divergences between the EU Product Liability Directive (85/374/EEC) and Türkiye's Product Safety and Technical Regulations Law (Law No. 7223), persistent ambiguities about whether software and digital content can be classified as products, and the lack of a clear legal framework for the liability of online marketplaces. The thesis concludes with recommendations aimed at establishing a clearer and more comprehensive accountability regime for platforms, ensuring more effective consumer protection in the digital age.