Akademik Veri Yönetim Sistemi
ISTANBUL HUKUK MECMUASI, cilt.84, sa.1, ss.292-325, 2026 (ESCI, TRDizin)
The increasing prevalence of artificial intelligence technologies brings with it several risks as well as many benefits. With the widespread use of artificial intelligence, the possibility of causing damage increases. There is no specific regulation under Turkish law regarding who will be responsible for such harms under what conditions. Therefore, disputes regarding liability for damages caused by artificial intelligence will be resolved according to the existing liability provisions. In cases where the damaged party is a party to a contract, liability for damages arising from such damages can be resolved in accordance with the contractual provisions. Due to the complex nature of artificial intelligence, it is often not possible for the damaged party to prove the fault of the counterparty. Therefore, it would be more appropriate to apply rules regarding strict liability. Within the scope ofstrict liability cases, the product liability provisions would be more suitable for the structure and nature of artificial intelligence. In Turkiye Product liability is regulated by Law No. 7223 on Product Safety and Technical Regulations. The basic principle on which product liability is based is that the product is not in compliance with the relevant technical regulations and general product legislation. Since the product is broadly defined under Law No. 7223, it can be said that it can also cover products with artificial intelligence and the provisions regarding product liability can be applied. However, it is controversial whether artificial intelligence consisting of only software without physical embodiment can fall within this scope. Itis also unclear how defective product determination would be conducted in terms ofartificialintelligence. Indeed, the European Union (EU) Parliament and Council adopted Directive 2024/2853 on Liability for Defective Products (Directive) on October 23, 2024, to replace Product Liabilty Directive 85/374/EEC, to eliminate these uncertainties. Due to the Directive 85/374/EEC constitutes a source for product liability in Turkish legal system, the changes to be made are also important in terms of our law. This study, the product liability of artificial intelligence under Turkish law will be examined in the context of the provisions stipulated in the Directive.