Damages Arising from Shopping Mall Management and Compensation Claims

Türeli & Ceylan Attorney-at-Law | Commercial & Real Estate Law Advisory

Shopping malls (AVMs) have evolved into complex structures due to their high foot traffic, corporate tenants, and ongoing management activities. However, the acts or omissions of mall management can cause financial or physical harm to tenants or third parties. In such cases, it is possible to seek compensation for losses and hold responsible parties liable.

But in what circumstances can damages caused by mall management give rise to a compensation claim? What rights do tenants have?

What Are the Responsibilities of Shopping Mall Management?

Mall management is typically responsible for:

• Maintenance of common areas
• Security and cleaning services
• Technical operations
• Advertising and promotional activities

Failure to perform these services with reasonable care and diligence may lead to negligence, breach of contract, or fault-based liability.

Legal Basis

• Turkish Code of Obligations (TCO) Art. 49 – Tort Liability

“A person who causes damage to another through a wrongful and culpable act is obliged to compensate the damage.”

• TCO Art. 112 – Contractual Liability

“A debtor is liable for damages arising from failure to perform or improper performance of the obligation.”

• Condominium Law Art. 35 – Duties and Powers of Management
  Defines the duties of building management under the registered management plan. Failure to fulfill these duties may lead to compensatory liability.

What Types of Incidents May Lead to Compensation?

Damages caused by mall management commonly arise in the following scenarios:

1. Theft or Damage Due to Security Lapses

If inadequate security measures lead to theft or vandalism in a tenant’s store, mall management may be held liable.

2. Business Losses Due to Infrastructure Failures

Flooding, power outages, or malfunctioning ventilation systems may disrupt business operations and lead to loss-of-profit claims.

3. Failure to Fulfill Promotional Obligations or Breach of Contract

If the mall fails to conduct agreed-upon marketing activities or allows unfair competition, tenants may suffer commercial harm.

4. Misuse or Obstruction of Common Areas

Unauthorized stands, blocked walkways, or lack of cleanliness can negatively affect store traffic and sales, leading to a claim for loss of income.

What Are the Rights of Tenants?

Tenants suffering losses due to mall mismanagement may:

• File a declaratory lawsuit to establish the existence and extent of the damage
• Initiate a compensation lawsuit for both material and, if appropriate, moral damages
• Seek termination of the lease and request compensation for damages due to breach of contract

Burden of Proof

The tenant must demonstrate that the damage resulted from the negligence or fault of the mall management through:

1. Documentary evidence (e.g., photos, correspondence, reports)
2. Witness statements
3. Expert opinions

To succeed in a compensation claim, the tenant must establish damage, causation, and fault.

Damages caused by mall management can result in significant commercial losses for tenants and other occupants. However, such losses are legally compensable, and tenants may pursue remedies through civil litigation.

If you are facing losses due to negligent mall management, Türeli & Ceylan Attorney-at-Law is here to provide you with effective legal solutions and safeguard your rights.