Responsibility For Damages Caused By Electricity Power Transmission Lines

Electrical energy is the secondary energy source produced as a result of a process of the primary energy sour-ces used as it is in nature. Electrical energy is of vital importance as it is used as a source of heat and light as well as power generation. Electrical energy, which has a wide usage area, cannot be stored. Therefore, the transfer and trans-port of electrical energy is as important as its production. Transmission and transport of electrical energy is carried out via conductive electrical wires. Conductive wires used for transporting and transferring electrical energy form electrical power transmission lines. Due to a continuous electricity is passed over these conductive wires and a human or a con-ductive object with a certain distance can be caught in the current. Therefore, electric power transmission lines can cause sometimes fatal and severe damages. In the Turkish legal system, the responsibility for the damage caused by electric power transmission lines is considered as a responsibility that is not based on fault. However, there is no unity of practice in terms of determination of the type of responsibility. This is due to the fact that, unlike some other legal systems, the Turkish legal system does not contain a law regarding the liability for damages caused by electric power lines. Therefore, the type of responsibility is determined according to the general provisions of the Turkish Code of Obli-gations. The aim of this study is to examine first the responsibility of the damages caused by electric power transmission lines in different legal systems, and then to address the Turkish legal system and analyse this responsibility by evaluating the doctrine and the decisions of Court of Cassation. Thus, the type of liability will be identified for the damage caused by the electric power transmission lines.