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170.050 SHGLRS CH-GR

Art. 4 Act on State Liability (SHG) - Lawful Damage

Liability of the State
Open official source Full Act (21 Articles) Machine-readable Markdown (.md)

Art. 4 SHG · Lawful Damage

1. Public entities shall be liable for damages lawfully inflicted when an unreasonably severe damage is caused to an individual or a few persons, and it is not reasonable to expect the injured party to bear the damage themselves.

2. The liability of public entities for lawful actions is particularly excluded when

a) the public entities have acted commercially;

b) the injured person has, through their own actions, caused the damage.

3. Where there are special statutory provisions, these shall take precedence.

← Art. 3 SHG - Unlawful Harm Act on State Liability (SHG) - Scope Art. 5 SHG - Satisfaction →

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Court Decisions Applying This Provision (3)

U 2014 100 · gr (Art. 4 SHG)
Company v. Municipality: Breach of Coordination Duty in Issuing Building Permit
Liability based on equity was excluded because the claimant's own action/agreement constituted a justification ground.
U 2014 87 · gr (Art. 4 Abs. 2 lit. b SHG)
Landlord Claim Against Social Services for Tenant Damage Dismissed
Cited as the basis for ruling out liability due to severe contributory fault (self-responsibility) of the claimant.
U 2009 33 · gr (Art. 4 Abs. 1 SHG)
Business v. Municipality: Road Construction Loss Claim
This provision served as the legal basis for the claim regarding compensation for legitimate damage, although the claim was ultimately denied based on its criteria.