This was an appeal from a judgment of the Commercial Court of First Instance (2009/368-2014/149).

The plaintiff alleged that on 14 January 2008, they boarded a vessel operated by the first defendant and owned by the second defendant. While approaching the dock, the vessel failed to reduce speed and collided with the pier, causing passengers, including the plaintiff, to fall. The plaintiff's arm became caught in the stair railing, and they fell onto the vessel's bar counter, suffering fractures to the arm and wrist, resulting in the risk of losing their hand.

The plaintiff claimed that no safety measures were in place, that the captain failed to reduce speed, that the vessel exceeded its passenger limit, that it was operated despite engine malfunctions, and that furniture, including the bar counter, was not secured. The plaintiff underwent multiple surgeries, suffered permanent disability and loss of strength in their hand, and was unable to continue employment, leading to financial and emotional distress.

The plaintiff sought TRY 7,000 in pecuniary damages (later amended to TRY 21,740.62) and TRY 70,000 in non-pecuniary damages, plus interest, to be recovered jointly and severally from the defendants.

The first defendant argued that the plaintiff was responsible for the accident, raised an objection to standing, and contended that the damages claimed were excessive.

The second defendant asserted that the accident resulted from a mechanical failure, that the plaintiff had been standing despite warnings, and that all medical expenses had been covered. The second defendant denied liability and sought dismissal of the claim.

The Commercial Court of First Instance found that the carrier and captain were responsible for ensuring the vessel's seaworthiness and that a seaworthiness certificate alone was insufficient to prove due diligence. The Court ruled that the vessel’s docking mechanism failed due to poor maintenance and that the captain failed to take precautionary measures by reducing speed before approaching the dock. The shipowner was held liable for failing to maintain the vessel in a seaworthy condition. The carrier was held responsible under arts 1130 and 806 of the Turkish Commercial Code (NO 6762 TCC), which state that the carrier must transport passengers safely and is liable for injuries or death unless it proves the accident was not caused by its own fault or that of its employees.

The forensic medical report assessed the plaintiff’s permanent disability at 8.1%, and the expert report determined TRY 21,740.62 in pecuniary damages.

The Court ruled in favour of the plaintiff, awarding TRY 21,740.62 in pecuniary damages and TRY 10,000 in non-pecuniary damages, with legal interest from 14 January 2008, to be recovered jointly and severally from the defendants.

The first defendant appealed to the Supreme Court of Appeal.

Held: Appeal dismissed

The Supreme Court of Appeal dismissed the appeal, finding no legal or procedural errors in the lower Court's decision.