ERDEM-NEWSLETTER-2018-metin

352 NEWSLETTER 2018 gence or intention of the employer to fulfill his/her obligations related to occupational health and safety is deemed as fault 7 . Furthermore, employers are obliged to take not only the precautions regulated by the legislation, but also all kinds of measures that science and technology enables. Therefore, if employers do not take extensive measures and are not prudent, they shall bear all of the damages of their employees 8 . Employer’s Absolute Liability Organizational Obligations If the reason for an employee’s damage is another employee, then the employer is held liable pursuant to Article 66 of the Turkish Code of Obligation 9 . Liability Arisen from Danger Employers are liable for all damages that occur due to the facili- ties of the significantly dangerous plants. Pursuant to Turkish Code of Obligation Article 17, a significantly dangerous plant is determined as a plant that is most likely to cause severe damages frequently, and even if it is assumed that all types of precautions are taken by an expert who is very prudent, this plant is so deemed. Liability that arises from danger is the heaviest absolute liabil- ity. Pursuant to the Court of Cassation decisions, in such plants, the employers are held liable even if they fulfill every precaution that has arisen from their duty of care. However, we would like to emphasize that if the damage has not arisen from a danger that is unique to the plant, which means that it occurred due to other reasons that, when 7 Decision of General Chamber of Court of Cassation, 12.02.2014, No. 2013/21- 586 E. 2014/95 K. 8 Decision of 21st Chamber of Court of Cassation, 12.02.2015, No. 2014/10603 E. 2015/2375 K; 24.03.2016, No. 2016/4174 E. 2016/5185 K. 9 Develioğlu, H. Murat : Organizational Liability Added to Art. 66 of the Turkish Code of Obligations Regarding Employer’s Liability, Erdem & Erdem News- letter, July 2016, http://www.erdem-erdem.av.tr/publications/law-journal/organi- zational-liability-added-to-art-66-of-the-turkish-code-of-obligations-regarding- employers-liability/ (Access date: 02.03.2018).