Legal liability of the mine operator

The use of mines has based to the onset of humanity and the need for the mine has increased day by day. Despite, positive arrangements related to mines has been late and in our country, legal arrangements which solve the problems related to the mine still could not be made comprehensively. With the industrial revolution, the position of the mining sector in the countrys' economies increased, the countries that had a mine or could process mines developed economically. In our country, where many mines are found, the mines have been stayed underground or not processed properly due to wrong policies. For this reason, although we are a country that exports mines, we have a foreign trade deficit because we have a large amount of mine imports. Although miners are subject to the Labor Law No. 4857 like other workers, they have been subject to additional regulations due to the structure of the mining enterprises and the difficulty of the work. Due to mining companies are inherently dangerous, sometimes accidents and occupational diseases are inevitable even if all precautions are taken. The source of the responsibility of the mine operator from mining operations is still controversial. The Court of Cassation ruled that the employer had to be held responsible for the wrongful act first, then for the contractual liability and finally for the responsibility of the danger.