Act on the Liability of the State and its Personnel (Haftungsgesetz, HG) - Terms and Scope (HG)

1. For the purposes of this law, the term "State" refers to the canton, municipalities, and legal entities under cantonal public law.

2. For the purposes of this law, "Personnel" refers to individuals who

a) are in an employment relationship with the State;

b) are members of the Executive Council, the courts, the Grand Council, and any authority elected by the Grand Council;

c) hold a secondary office;

d) are members of municipal parliaments and other municipal authorities;

e) perform a state task based on a public law mandate.

1. The liability of the state and its personnel is governed, subject to this or any other law, by the provisions of civil law.

2. Insofar as the state acts as a subject of civil law, the provisions of civil law apply.

1. The State is liable under the provisions of this law for the damage caused unlawfully to third parties by its personnel in the performance of their official duties.

2. The injured party does not have a claim against the culpable personnel.

1. The state is liable for lawfully inflicted damage only if this is provided for by law.

2. If liability is not provided for by law, the state is liable according to equity, if an individual or a limited group of persons has been inflicted with disproportionately severe damage.

1. Where the state is liable for damages according to §§ 3 or 4, the injured person is entitled to compensation if they have suffered a severe violation of their personal rights.

1. The State is not liable if the injured party did not avail themselves of legal remedies available to them to oppose the injurious conduct.

1. Claims by injured parties against the state are adjudicated through civil litigation by the ordinary courts.

2. Claims relating to damaging conduct by members of the civil court are assessed by the appellate court, and claims relating to damaging conduct by members of the appellate court are assessed by the federal court.

1. The legality of formally binding orders, decisions, and judgments cannot be reviewed.

1. The staff is liable to the State for any damage it causes unlawfully and intentionally or through gross negligence.

2. If multiple parties are responsible for the damage, they are liable proportionally according to the extent of their respective faults.

3. Protocols of authorities must list the members present. Each member is entitled to declare in the protocol that they did not agree to a resolution.

1. The state may have recourse against the culpable personnel to the extent that the latter is liable pursuant to § 8.

2. If multiple parties are jointly at fault for the damage, they are to be held accountable proportionally according to the degree of their fault.

3. The state must promptly inform the culpable personnel of any claim made against it and provide the opportunity for a legal hearing.

1. Claims for damages and recourse against personnel can also be asserted after the termination of the employment relationship.

1. Claims for damages and rights of recourse against staff can be set off against salary and other claims, insofar as these are subject to garnishment.

1. The limitation periods are suspended during the duration of a criminal or disciplinary proceeding conducted on the basis of the same facts.

1. Authority for Decisions on Compensation and Recourse Claims

a) The Grand Council is responsible for decisions against members of the Grand Council, the Executive Council, and authorities elected by the Grand Council; the Executive Council is responsible for decisions against state personnel and other persons who perform a state task pursuant to a public law mandate,

b) The Court of Appeals is responsible for decisions against the personnel of the courts and members of lower court instances and holders of judicial ancillary offices; the Municipal Council is responsible for decisions against the personnel of the municipalities; the Municipal Assembly or the Resident Council is responsible for decisions against the Municipal Council.

2. Decisions of the Grand Council, the Executive Council, the Municipal Council, the Municipal Assembly, or the Resident Council may be appealed to the Court of Appeals as an Administrative Court.

1. In the assessment of recourse claims, the court is not bound by the judgment regarding the claims of the injured third party against the state.

1. This law also applies to claims for damages that have not been finally adjudicated at the time of its entry into force.

1. This law is to be published; it is subject to a referendum. The Executive Council shall determine the time of effectiveness after the law has come into force.