The producer's liability According to Law No. 7223 on Product Safety and Technical Regulations Law

The producer's liability is a type of civil liability related to the damages defective products cause. With the enter into force of Law No. 6502 on Consumer Protection, a lacuna on the producer's liability had arisen in the Turkish Law. This lacuna has been filled by the Law numbered 7223 on Product Safety and Technical Regulations (LPSTR) which was promulgated into the Official Gazette on 12 March 2020 and entered into force a year after that date. However, LPSTR does not only regulate the liability of the producer, yet it rather covers the provision related to the product safety. This study discusses the producer's liability within the scope of provisions on the producer's liability of LPSTR. Although, LPSTR defines the terms product and producer (or "manufacturer" with the LPSTR's own words), which are the fundamental notions of the producer's liability, both of these definitions include ambiguity to some degree. In the first section of this study, primarily, the notion of producer's liability and its historical development are examined. Thereafter, the definition of product and producer are examined and an assessment on the ambiguity of them is conducted. In the second section, the conditions of the producer's liability in the according to LPSTR are discussed. The term "non-compliant", which is enormously criticized in the doctrine, is examined and, as a result of the examination, it is concluded that its definition in the LPSTR needs to be interpreted. In the according to LPSTR, the parties of producers liability and its provisions and consequences are also examined in this section. In the third section of the study, primarily the legal characteristic of the producer's liability in the according to LPSTR is designated and the specifications of the liability are emphasized. In this section, the relationship between the producer's liability and other type of liabilities in the according to LPSTR are also examined and an effort is exerted to determine whether the other type of liabilities are concurrent with the producer's liability. The explanations on product liability insurance and the period of limitations conclude the third section, which also covers the reasons leading to the exoneration of producer's liability in the according to LPSTR.