400 NEWSLETTER 2021 the other.9 For this reason, if a person who is harmed due to artificial intelligence does not become a party to any contractual relationship and the conditions required by law are fulfilled, compensation can be claimed according to this general provision.10 Strict liability cases are a type of liability regulated exceptionally in our legislation. In this type of liability, a person is held liable only for the damages caused by his own actions, or by some related facts, without any showing of fault.11 Categories of strict liability under Turkish law include equity liability, the duty of care, and liability for dangerous activities. Among these, there are several opinions which argue that artificial intelligence should be accepted as a personality in order to apply the equity liability.12 Liability for dangerous activities is regulated under Article 71 of the TCO (Liability for dangerous activities and equalization). Accordingly, if a loss arises from the activity of a business that poses a significant danger, the owner of the business and the operator, if any, are jointly responsible for this loss. In the event that artificial intelligence is used in an enterprise where the danger is envisaged in this article, it is possible to bring an action for danger liability.13 Finally, the topic of producer responsibility should be addressed. Today, it is generally accepted that the manufacturer may be held responsible for damages caused by artificial intelligence. Since manufacturers have the technical knowledge and expertise required for the production of artificial intelligence, it is considered quite reasonable to hold them responsible14. As stated above, while it is not possible for the buyer to sue the manufacturer due to the privity of the contract, the manufacturer’s responsibility provides a legal basis for that. In this regard, the responsibility of the manufacturer is clearly regulated in accordance with the Product Safety and Technical Regulations Law No. 7223. Accordingly, the responsibility of the manufacturer comes to the fore in cases where a product put on the market is faulty and this causes damages. However, some authors are of the opinion that the 9 Tandoğan, Haluk: Türk Mesuliyet Hukuku, 2010, p. 6. 10 Sarı, p. 265. 11 Tandoğan, p. 8. 12 Sarı, p. 268. 13 Kapancı, Berk: Özel Hukuk Perspektifinden Bir Değerlendirme: Yapay Zeka ve Haksız Fiil Sorumluluğu, 2021, p. 170. 14 Sarı, p. 275.
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