Local Standards Reports for Accidents in Turkey

CPR Compliant Evidence for Holiday Accident Claims

 

Has your client been injured at a hotel, villa or resort in Turkey? In most package holiday claims, the court will ask one key question: did the hotel meet the safety standards that applied locally? Canko Law Firm prepares CPR Part 35 compliant local standards reports that answer that question, for claimant and defendant solicitors and as a Single Joint Expert.

 

Read our guide: What is a local standards report and why does a Turkey accident claim need one?

 

Send your photographs, accident details and draft instructions to info@canko.co.uk for an initial assessment and quote.

 

What is a local standards report?

A local standards report is an expert report that tells an English court which safety rules applied to the place and the hazard at the date of the accident, and whether the hazard met them.

 

In package holiday claims, the tour operator is usually judged by local standards rather than UK standards. This comes from cases such as Wilson v Best Travel (1993) and Lougheed v On the Beach (2014). Without evidence of Turkish standards, a claim can fail even where the hazard looks obviously unsafe.

 

What does our report cover?

We look at every source of standards that may apply to the hazard.

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National and local health and safety law

Including Occupational Health and Safety Law No. 6331, the regulations on workplace buildings and safety signs, and the Ministry of Health swimming pool regulation.

 

Building codes and inspection regimes

Including zoning and building permit rules, the occupancy permit (yapı kullanma izni), building inspection under Law No. 4708, and relevant Turkish and European standards (TSE and EN standards) for pools, stairs, glazing, balconies, lighting and access covers.

 

Tourism regulations

The Tourism Facilities Regulation made under Tourism Encouragement Law No. 2634 sets minimum standards for licensed hotels, such as lifeguards, safety signs and slip resistant pool surrounds. It also requires installations to be maintained and guest areas to be kept safe.

 

Customary practice and industry norms

What a reasonable hotel in Turkey would normally do in practice: inspections, maintenance logs, staffing, lighting at night, and the steps expected under industry guidance used by UK tour operators.

 

Civil liability rules in Turkey

Where relevant, we explain the liability of the hotel or building owner under the Turkish Code of Obligations, such as the building owner's liability in Article 69.

 

Typical hazards we report on

• swimming pools, pool surrounds, drains and grates

• wet or slippery floors, stairs and ramps

• open holes, plant room hatches and manhole covers

• balconies, railings and glass doors

• poor lighting at night

• water slides and aqua parks

• sun loungers, furniture and fixtures

• lifts, electrical and gas safety

 

Is the report CPR Part 35 compliant?

Yes. The report is written for use in the courts of England and Wales and complies with CPR Part 35, Practice Direction 35 and the Guidance for the Instruction of Experts in Civil Claims. It sets out our qualifications, instructions, the materials relied on, the standards in force at the date of the accident, our opinion, any range of opinion, our declaration of duty to the court and the statement of truth.

 

Who prepares the report?

Our reports are prepared by Can Canko (Solicitor in England and Wales and Attorney at Law in Turkey) and Pınar Canko (Attorney at Law in Turkey and Foreign Qualified Lawyer regulated by the SRA). We read the Turkish laws, regulations and standards in the original and explain them in plain English.

 

Our opinion is based on the documents and photographs you provide. We do not make findings of fact. If a site inspection in Turkey or an engineering opinion is needed, we will tell you and quote separately.

 

Fees and turnaround

• Local standards report, written questions, joint statements, attending trial: £200 per hour

 

We aim to send the draft report within 14 days of receiving the fee and all necessary documents.

 

What we need from you

1. The date, time and exact place of the accident.

2. Clear photographs or video of the hazard, including measurements if available.

3. Your client's account and any witness statements.

4. The booking details and name of the hotel.

5. The letter of claim, the defence and any court order giving permission.

 

Frequently asked questions

 

Why do I need a local standards report for a Turkey accident claim?

Because the supplier's duty is usually measured against local standards. The court needs evidence of what those standards were. A report from a Turkish law expert gives the court that evidence.

 

Are UK safety standards relevant?

They are rarely decisive. The court normally asks whether the hotel met Turkish standards. In TUI v Morgan (2020), the High Court held that local standards are not always the end of the matter, especially where the case is about a failure of care rather than a construction rule. Our report deals with both statutory rules and customary practice.

 

What if there is no specific Turkish rule for the hazard?

Then the report explains the general duties that apply, and what customary practice and industry norms require. That can be just as important as a written regulation.

 

Can you tell whether a regulation was in force at the date of the accident?

Yes. Turkish regulations change often. We check the version in force on the date of the accident.

 

Do you act for defendants as well as claimants?

Our duty is to the court, and we act for either side or as a Single Joint Expert.