What Constitutes a Source of High Danger?

Source of high danger are objects that, due to their characteristics, during the process of possession, exploitation, management, or transportation, always contain inherent objective dangers and are prone to causing significant damage to those around them.

According to the provisions of Article 623 of the Civil Code 2005, sources of high danger include motor vehicles, electrical transmission systems, operating industrial plants, weapons, explosives, flammables, toxic substances, radioactive substances, dangerous animals, and other sources of high danger as prescribed by law.

Thus, sources of high danger are understood as existing objects whose operation, production, transportation, or storage always contain the potential to cause harm to the environment and those around them. The danger is also manifested in that people cannot absolutely control the risk of causing damage. Therefore, the owner of the source of high danger must comply with the regulations on storage, overseeing, transporting, and using the source of high danger according to the law.

Also according to the provisions of the Civil Code 2005, when a source of high danger causes certain damages, there must be a compensation regime. Accordingly:

"2. The owner of the source of high danger must compensate for the damage caused by the source of high danger; if the owner has transferred possession and use to another person, then that person must compensate, except where otherwise agreed.

3. The owner, or the person to whom the owner has transferred possession and use, of the source of high danger must compensate for the damage even when there is no fault, except in the following cases: a) The damage is completely caused by the intentional fault of the victim; b) The damage occurs in cases of force majeure or urgent necessity, except otherwise provided by law.

4. In the case where the source of high danger is illegally possessed and used, the person possessing and using the source of high danger illegally must compensate for the damage.

If the owner, or the person to whom the owner has transferred possession and use, also has fault in allowing the source of high danger to be illegally possessed and used, both must jointly compensate for the damage.”

The responsibility to compensate for damage caused by sources of high danger is a civil liability for extra-contractual damages. Therefore, the conditions for the arising of liability for damages caused by sources of high danger have similar characteristics to general extra-contractual damage liability: There is actual damage occurring, there is an event causing unlawful damage by the source of high danger, and there is a causal relationship between the unlawful damage and the actual damage that occurred.

Example: A car is operating and its tire explodes, losing brakes... causing damage to other traffic participants or using electricity to prevent theft, causing death.

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Illustrative images

Using electricity to prevent theft is an illegal act prohibited by law. Although electricity is a source of energy serving life and economic, social development, arbitrary use of electricity without adhering to safety regulations and causing property, health, and human life damage can result in criminal responsibility for murder.

Determining compensation for damage caused by sources of high danger is a complex issue and controversial due to the difficulty in distinguishing between human fault, illegal actions, or the source of danger itself causing the damage.

Currently, the law has not specifically regulated or provided detailed guidance on the conditions for applying liability for damage caused by sources of high danger. Therefore, there are inconsistent understandings and applications of the law in practice.

Related documents:

Civil Code 2015

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