TO THE CRIMINAL COURT JUDGE,
FILE NO : …/… E.
THE DEFENDER :
SUBJECT : This is Our Petition, which Includes Our Defenses on the Merits.
1-) Mr. Court …/…/… given to us in the session dated the same date against the claims put forward in the petition dated /…/… given by the client’s deputy at the session dated …. our defenses regarding the merits that we presented during the day are as follows;
2-) The muris of the polytheists …. …., he works as a water distributor in the client’s company, /…// day … Business Center 4. located on the first floor …. Despite the fact that the elevator, which was broken when he took water to his association, was not on the floor, he fell into the elevator shaft and died after he wanted to get into the elevator as a result of opening the door.
3-) First of all, we would like to note that the qualification of an incident as an accident at work does not require the employer to be held responsible for this accident in any case. In order for the employer to be responsible, an accident must have occurred as a result of his behavior and negligence that is contrary to his obligation to take occupational safety measures and take care. In other words, the employer’s defect must be proven.
4-) The trustee worker started working at the client’s workplace 3 weeks ago, and his job is to deliver water to homes and businesses on order. Of course, if there are necessary measures to be taken by the employer while he is doing his job, the client company must take these measures. For example, if an accident occurred as a result of the fact that the necessary maintenance was not performed on the vehicle when Jul was driving to take water, or if he was allowed to take water on a motorcycle without a hood without a hood, the employer will be at fault and responsible.
5-) But only if the subject of the case is in our concrete case; 4 of the building. the elevator located on the floor will be broken, it will even come without a cabin, the stairwells are not illuminated, and in turn, the employer provides the employee with a lighting device such as a flashlight to the employee carrying water, Jul..…. in a building located in such a large city, it hardly corresponds to the usual flow of life. File …./…/… as stated in the expert report dated; The employer cannot be expected to check the building every time the employee goes in advance. Otherwise, even if it is boarded under normal conditions, the rope may break due to a technical malfunction of the elevator, etc. in such cases, there will be a situation such as holding the client’s employer accountable, which will mean unlimited liability, and it is impossible for us to accept this situation.
6-) While this is the case, it is not possible to join the client’s attorney, which includes allegations that the client should be punished in accordance with the relevant article of the law for the offense of accidental injury inflicted on the employer.
CONCLUSION AND REQUEST: For the reasons we have tried to explain above, we request by proxy that the accused client be acquitted of the charge of wounding by the tax imposed on him, and if the opposite conclusion is reached at the end of the evaluation by your court, the articles of law in favor of the accused client and the reasons for the legal discount be decided on the application of the accused client. …/…/…