WHAT IS A TORT? ELEMENTS, TYPES OF LIABILITY, AND STATUTE OF LIMITATIONS FOR COMPENSATION CLAIMS

Tort Liability:

A tort is when a person causes material or moral harm to others through an unlawful act. This harm may arise from the person's intentional or negligent conduct and gives rise to tort liability. For a tort to exist, the conduct must be unlawful; that is, the harmful conduct must be contrary to the mandatory provisions of the law. Material or moral harm must occur as a result of the tort. There must be a cause-and-effect relationship between the harm and the tort, and this relationship must be proven. Tort liability is generally based on fault. Fault can arise from intent or negligence. However, in some cases, strict liability may also exist.

Elements of a Tort

1. The act: A wrongful act arises from an action that a person performs or fails to perform. This act can be an active behavior or a failure to do something that should have been done (omission).
2. Illegality: The act must be unlawful. Illegality means that an act is contrary to the existing legal order. That is, the act must be contrary to laws, customs, or generally accepted moral norms of society. Reasons for legality (such as self-defense, legal provision, or consent) can override this.
3. Damage: As a result of a wrongful act, the victim must have suffered harm. Damage can be material or moral. Material damage refers to the decrease in assets, while moral damage refers to the distress, suffering, or humiliating situations experienced as a result of an attack on personal rights.
4. Causal Link: There must be a causal link between the act and the harm. That is, the act must have a direct effect on the occurrence of the harm. If the harm is not a consequence of the act, a causal link cannot be established.
5. Fault: A wrongful act must be based on fault. Fault refers to whether the act was committed intentionally or through negligence. However, in some cases, strict liability may also apply (for example, the liability of those engaged in hazardous activities).

Types of Tort Liability:

Fault-Based Liability: Fault-based liability arises when a person intentionally or negligently causes harm. Intent means the person causing the harm acts with the aim of causing the harm or knowing that the harm will occur. Negligence means the person causes the harm by failing to exercise the necessary care and diligence. In cases of fault-based liability, the injured party can demand full compensation for their losses from the person who caused the harm.

Strict Liability: Strict liability is when a person is held responsible even if they are not at fault in the occurrence of the damage. There are specific types of strict liability defined by law:

Liability Based on Equity: As stated in Article 65 of the Turkish Code of Obligations, even if the person who causes harm to another through an unlawful act lacks the capacity to discern, the judge may, in cases where equity so requires, order partial or full compensation for the damage.

Duty of Care: The law regulates this liability to prevent others from suffering material or moral harm due to the failure of certain individuals to exercise due care and diligence, even if they are not at fault in the occurrence of the damage. Types of duty of care include the responsibility of employers, animal owners, and building owners.

Strict Liability: As can be understood from Article 70 of the Turkish Code of Obligations, in the event that an enterprise posing a significant risk causes damage, the owner of the enterprise and, if applicable, the operator are jointly liable.

Claims for Damages in Tort Cases and Statute of Limitations:

A person who has suffered damage as a result of an unlawful act may claim compensation to remedy the loss of their assets and the suffering they experienced due to the violation of their personal rights.

1. Monetary Compensation Lawsuit:
   • Material damageis defined as a decrease in the property of the injured party. This damage could be, for example, damage to a vehicle in a traffic accident, bodily injury in a workplace accident, or damage caused by environmental factors.
   • Monetary compensation is calculated according to the amount of damage and aims to fully compensate for the loss. The calculation takes into account the victim's financial situation before the incident and any subsequent decrease in their assets.
2. Claim for Non-Pecuniary Damages:
   • Moral harmencompasses intangible losses such as pain, suffering, and humiliating situations experienced as a result of attacks on personal rights. For example, damage to one's reputation in society or the loss of a loved one in an accident are examples of moral harm.
   • The amount of moral damages is determined by the judge according to the degree of pain and suffering endured by the injured party. Although the purpose of this compensation is to alleviate the emotional distress of the injured party and to provide a form of justice, it must be tied to a monetary measure.

Statute of Limitations for Torts

In compensation lawsuits arising from torts, the statute of limitations plays a significant role. The Turkish Code of Obligations defines the statute of limitations for torts:

1. General Statute of Limitations Period:
   • The injured party must file a compensation claim within two years of learning of the damage and the perpetrator . This period begins to run from the date the act is learned.
2. Exclusive Statute of Limitations Period:
   • The injured party 10 years . This period begins to run from the date the offense was committed.
3. Special Statute of Limitations Periods:
   • Different limitation periods are stipulated in certain special circumstances. For example, if the tort also constitutes a crime, and the limitation period prescribed for that crime is longer, then that longer period may apply to the compensation claim.

How the Statute of Limitations Period Works

The statute of limitations begins when the injured party learns of the damage and the identity of the perpetrator. If a lawsuit is not filed within this period, the defense of statute of limitations can be raised, and the lawsuit may be dismissed. However, if a lawsuit is filed within the statute of limitations, the fact that the perpetrator has not exceeded this period is sufficient for the case to be examined on its merits.

There may also be circumstances that interrupt or suspend the statute of limitations. For example, situations such as the perpetrator acknowledging the damage, settlement processes, or the initiation of litigation between the parties can cause the statute of limitations to be suspended or interrupted.

In compensation claims arising from torts, attention to the statute of limitations is of paramount importance. It is crucial for the injured party to initiate legal proceedings as soon as they learn of the damage to prevent loss of rights. The correct and timely execution of the legal process in compensation cases plays a critical role in ensuring the injured party receives compensation for their losses.

Law Student Intern Nursena İbanoğlu