Liability of the Administration Due to Strict Liability
Strict liability is a type of liability where the administration’s fault is not required for liability to be established; proving the causal link between the damage and the administration’s action or transaction is sufficient. In cases of strict liability, whether the administration was at fault in causing the damage is not investigated. Strict liability is accepted more for the administration’s activities that are dangerous or risky. Strict liability is a type of liability imposed on the administration within the framework of the principles of equal sharing of public burden, equality, fairness, justice, and equity.
Strict Liability Due to Social Risk: The strict liability regime due to social risk is a type of liability that has developed through practice. In contrast, the principle of social risk, developed through scientific and judicial precedents, aims to compensate for special and extraordinary damages suffered solely by being a member of society, resulting from the occurrence of a social risk arising from the conditions in which society finds itself, occurring within the administration’s field of activity but not directly resulting from the public service provided, by sharing these losses with society. According to its specified nature, for the social risk principle to be applicable, the event must concern the entire society, the damage must have occurred as a result of a socially significant risk, and the event and the damage must not be a direct consequence of the public service provided; in other words, a causal link between the damage and the administrative action must not be established. Since the social risk principle cannot be applied in cases where a causal link can be established between the damage and the administrative action, it is necessary to first investigate whether there is a service fault within the framework of administrative law rules, and if there is no service fault, to determine whether the damage can be compensated according to the principle of strict liability. In short, social risk is a unique form of objective liability developed by administrative law that can be discussed in cases where service fault and other forms of strict liability where a causal link can be established due to the action or inaction of the administration are not applica ble.