Employer’s Hazard Liability

Abstract

There is always a risk of danger where human labor is used. The realization potential of the risk varies according to the factors in the field of activity. Various liability arrangements have been discussed as some sectors involve more hazards and the sector is gradually developing. The effect of the industrial revolution on the increase in the responsibility of danger is undoubted. With the inclusion of steam engines in the workforce, the dimensions of the workforce based on human labor have changed. In line with the danger risk posed by the machines, the question of who will be responsible began to be discussed. The painful experiences as a result of the occurrence of dangers and harming people have led to the definition of the responsibility of danger as the most severe type of responsibility. As a matter of fact, the liability of danger in Turkish Law is regulated both generally and specifically, unlike the Swiss Law. Undoubtedly, the inclusion of the liability of danger in our legislation also contributes to the principle of social state. In our study, firstly, TCO article 71 hazard liability will be discussed. Finally, the responsibility of the employer against the hazards within the scope of occupational health and safety will be tried to be detailed.