Liability Act

1 This Act applies to the Canton17, to the members and substitute members of its authorities and courts, and to persons in its service.

2 It does not apply to the members of the Cantonal Council.

A. Public-law

Corporations

and Establishments

1. Canton17

21 1 This Act applies mutatis mutandis also to municipalities, Communities,

and special purpose associations, as well as to the members and substitute institutions and

members of their authorities and to persons in their service. special purpose associations

It also applies mutatis mutandis to institutions and the members of their

bodies and to persons in their service.

2 Municipalities that have transferred tasks to institutions, special purpose associations, or

private entities are subsidiarily liable for damage caused by these

task holders to a third party through unlawful activity or omission.

3 Municipalities that have jointly transferred tasks to institutions, special purpose

associations, or private entities are moreover jointly and severally liable for damage caused by

these task holders to a third party through unlawful activity

or omission.

1 This Law also applies accordingly to organisations under cantonal 3. Organisations

public law with their own legal personality, to the members and sub- under cantonal

stitute members of their organs, and to persons in their service, insofar public law with

as they perform public-law functions. their own legal

2 The special provisions of their organisational laws4 apply to the personality

Zürcher Kantonalbank and the Elektrizitätswerke des Kantons Zürich.

Unless this Act contains specific provisions, B. Employees¹⁷

the provisions concerning employees¹⁷ apply to all persons mentioned in Sections 1 to 3, whether they are employed full-time, part-time, or temporarily.

14 1 C. Private individuals

carrying out public tasks entrusted to them are causally liable for damage they cause in the process through unlawful activity or omission. Otherwise, the provisions of federal civil law apply. Claims must be asserted through civil proceedings.

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170.1

Liability Act

2 In the case of subsidiary state liability according to Art. 46 para. 2 Cst.2, the provisions of this Act apply.

1 Insofar as the liability of the Canton17 and its employees17 is regulated by federal law or other cantonal laws, this law shall not apply.

2 The Canton shall be jointly and severally liable with the Commercial Register Keeper and its supervisory authority in accordance with the provisions of this law. 19, 20

A. Unlawful Damages

1. Liability

2. Grounds for Reduction

3. Damages in case of Death

4. Damages in case of Bodily Injury

Second Section: Liability for Damages to Third Parties

1 The Canton17 is liable for damage unlawfully caused to a third party

by an employee17 in the exercise of official duties.

2 If a decision is altered in appeal proceedings, the Canton17 is liable

only if an employee17 of a lower instance acted fraudulently.

3 The Canton17 is liable for damage resulting from incorrect information

only in cases of intent or gross negligence on the part of the employee17.

4 The injured party has no claim against the employee17.

If the injured party has consented to the damaging act, or if circumstances for which he is responsible have influenced the origin or aggravation of the damage, the judge may reduce the obligation to pay compensation or wholly release from it.

1 In the event of the killing of a human being, the incurred costs,

in particular those of the burial, shall be reimbursed.

2 If death did not occur immediately, compensation must also be provided for

the costs of attempted cure and for the disadvantages of incapacitation.

3 If other persons have lost their provider due to the killing, compensation must also be paid for this damage.

1. Bodily injury gives the injured party a claim for reimbursement of costs as well as for compensation for disadvantages of total or partial incapacity to work, whereby the impediment to economic advancement must be taken into account.

2. If, at the time the judgment is rendered, the consequences of the injury cannot be determined with sufficient certainty, the judge may reserve the right to amend the judgment for up to two years, calculated from the date of the judgment.

Liability Act

170.1

**9. Satisfaction in Case of Death or Bodily Injury**

In cases of death or bodily injury, the judge may, considering the special circumstances, award the injured party or the family members of the deceased an appropriate sum of money as satisfaction.

**9. Any person who is unlawfully injured in their personality**

**is entitled to demand the ascertainment of the injury, to damages, and,**

**if the gravity of the injury justifies it and it has not been**

**otherwise compensated, also to satisfaction.**

For damage caused to a third party by the lawful activity

of the Canton, the Canton is only liable if this is provided for in a statute.

16

Third Section: Liability for Damage to the Canton17

A. Liability of Employees

1 An employee17 is liable for damage caused to the Canton17 through intentional or grossly negligent violation of their official duties.

2 If several employees17 have jointly caused the damage, they are jointly and severally liable in cases of intent, and proportionally liable according to the degree of fault in cases of gross negligence.

**1 Recourse**

1 If the canton17 has had to compensate an injured third party due to this or another law, it has recourse against the employee17 who caused the damage intentionally or through gross negligence.

2 If several employees17 have jointly caused the damage, they are liable proportionally according to the degree of fault in cases of gross negligence. In cases of intent, each employee17 can be held liable for the entire damage.

1 The Canton17 must notify the employee17, against whom a recourse

may be considered, as soon as a third party

claims damages from the Canton17 extrajudicially and as soon as a

lawsuit against the Canton17 has been initiated.

2 The employee17 threatened with recourse has the right of

third-party intervention in the lawsuit brought by the injured third party

against the Canton17.

C. Notification

and Third-Party

Intervention

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170.1

D. Coverage

of Damages

E. Assertion

F. Damage Caused

by Private Individuals

Liability Act

1...

2 Claims for remuneration, benefits from insurance institutions, and similar payments can be offset against claims for damages, to the extent that they are not exempt from compulsory enforcement.

3 The employee¹⁷ can be sued even after the termination of the employment relationship or in the event of non-re-election.

17 Claims for damages and recourse are asserted

by

a. the Cantonal Council, if they are directed against

1. members of the Government Council,

2. members of the supreme cantonal courts,

3. the management and staff of the Financial Audit Office and the Ombudsman's Office,

4. the Data Protection Officer and his or her staff,

5. members of the supreme body of a cantonal organization with legal personality,

b. the Cantonal Council's Executive Board, if they are directed against the management or staff of the Parliament Services,

c. the Government Council, if they are directed against cantonal employees,

d. the District Council, if they are directed against members of

1. a municipal authority,

2. a municipal parliament21,

3. the supreme body of a municipal or intermunicipal public law organization with legal personality,

e. the municipal executive, if they are directed against municipal staff,

f. the supreme body of a public law organization with legal personality, if they are directed against employees of this organization.

10 If the Canton17 has had to compensate an injured third party for damage resulting from unlawful acts committed by private individuals, whether under this or another law, it has the right of recourse against the private individuals who caused the damage. The right of recourse shall be exercised in accordance with federal civil law. Section 16 shall apply mutatis mutandis.

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Liability Act

170.1

10 1 If the Canton17, based on special statutory provisions, is liable for damage caused by employees17 or auxiliary persons of a municipality, the municipality shall reimburse the Canton17 for the damages and satisfaction payments made, as well as the court costs and party compensation imposed on it.

2 For the municipality and its employees17 and auxiliary persons threatened by recourse, § 16 shall apply mutatis mutandis.

Fourth Section: Assertion and Assessment of Claims

17 1 Claims by third parties against the Canton shall be decided by A. Courts

a. as a rule, the civil courts,

b. the High Court, if the claim is based on unlawful conduct by employees of the Administrative Court or the Social Insurance Court,

c.18 the Administrative Court, if the claim is based on unlawful conduct by employees of the High Court,

2 Claims by the Canton against municipalities shall be decided by the Administrative Court in an action procedure.

3 Regarding claims between state employees and the Canton, the employing authority shall issue a decision. This decision may be challenged in accordance with the provisions of the Administrative Justice Act of 24 May 19593. As the last cantonal instance, the decision shall be made by

a. as a rule, the Administrative Court,

b. the High Court, if the employees concerned are employees of the Administrative Court.

1. Subject-Matter Jurisdiction

1 Jurisdiction lies with the District Court at the seat of the defendant

2. Local Authority or at the domicile of the injured party in the Canton of Zurich. Jurisdiction

2 For claims against several local authorities, the plaintiff may

apply to the Cantonal High Court to designate one of the competent District Courts

before which all local authorities can be jointly sued.

1 The legality of formally legally binding orders, decisions, and judgments may not be reviewed.

2 When assessing recourse claims of the Canton17, the judge is not bound by the judgment regarding the claims of the third party against the Canton17.

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170.1

Liability Act

B. Procedure

in case of damage

to third parties

1. Preliminary proceedings

2. Action

C. Forfeiture

and Limitation

1. Claims of

third parties

against the

Canton17

2. Claims of

the Canton17

against

employees17

3. Suspension

of deadlines

A. Remuneration

by another

body

1. Applications for declaration, damages, and satisfaction shall be submitted in writing

a. to the Government Council for claims against the Canton,

b. to the Municipal Executive for claims against the municipality,

c. to the highest organ authorized to represent in the case of claims against organizations under cantonal public law with their own legal personality.

2. If the authority addressed wholly or partially disputes the claim, it must refer the injured party to Art. 24 para. 2.

17 The action may be brought directly before the court if the competent authority has not responded to the claim or has rejected it within three months of its written assertion.

9 1 The liability of the Canton17 lapses if the injured party

does not submit their claim for ascertainment, damages, or satisfaction

to the Canton17 within two years of having knowledge of the facts giving rise to liability.

2 If the competent authority disputes the claim, the injured party must

file a lawsuit with the competent court within the limitation period of one year,

reckoned from the date of notification.

9 The liability of the employee17 towards the Canton17 extinguishes if the latter does not assert the claim for damages within two years from the knowledge of the facts giving rise to liability, or the right of recourse within two years from the recognition or judicial determination of its obligation to pay damages, before the competent court, in any case after ten years from the last damaging act.

The deadlines pursuant to §§ 24 and 25 are suspended as long as criminal proceedings or a disciplinary investigation concerning the same facts are being conducted.

Fifth Section: Miscellaneous Provisions

9 The corporation with which the employee17 was

active when the damage was caused is liable even if the

salary is paid entirely or in part by another corporation.

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Liability Act

170.1

**9. Indemnification of Personally Liable Employees**

1 If an employee17 is held personally liable for an act committed in an official capacity, the canton17 shall indemnify him, provided that he has neither caused the damage intentionally or through gross negligence, nor subsequently worsened the canton's17 position by unauthorized action.

2 The claim expires if it is not asserted in writing with the authority competent under § 22 para. 1 within one year of the recognition or judicial determination of the obligation to pay damages.

3 This provision does not apply to the liability of the motor vehicle owner.

To the extent that this Act does not contain its own provisions, the provisions of the Swiss Code of Obligations shall apply complementarily.

C. Supplementary

Provisions

Sixth Section: Transitional and Final Provisions

1967 is amended as follows: . . .8

previous decrees

1. Act on the

Cantonal Bank

of Zurich

Zurich, March 15, 1908, shall be amended as follows: . . .8

concerning the

Electricity

Works of the

Canton of Zurich

nung of the Cantonal Council of November 20, 1932 is amended as follows

...8

3. Law

on the

Organization

and the

Rules of Procedure

of the

Cantonal Council

as amended: . . .8

Regulation

den aufgehoben: . . .8

(the) repealed: . . .8

bisherigen

(of the) previous

Rechts

Law

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170.1

C. Entry into Force

Liability Act

entitled and after the cantonal council has ascertained the result of the vote and after the Federal Assembly has approved Article 19 paragraph 3, it shall enter into force on the date to be determined by the cantonal government7.

2 Damages caused before the entry into force shall be assessed according to the previous law.

Transitional provision to the amendment of 11 February 2008

(Official Gazette 63, 415)

Damages caused before 1 January 2007 shall be assessed according to the previous regulation.

1 Official Gazette 43, 335 and Cantonal Statutes I, 239.

2 Cantonal Law Collection 101.

3 Cantonal Law Collection 175.2.

4 Cantonal Law Collection 951.1, Cantonal Law Collection 732.1.

5 Swiss Code of Obligations 220.

6 Approved by Federal Decree of 19 March 1970 (Swiss Code of Obligations 173.114.11).

7 In force since 1 July 1970.

8 For text, see Official Gazette 43, 341 f.

9 Version according to Act of 2 December 1990 (Official Gazette 51, 355). In force since 1 July

1991 (Official Gazette 51, 358).

10 Inserted by Act of 28 September 1997 (Official Gazette 54, 367). In force since 1 Ja-

nuary 1998 (Official Gazette 54, 418).

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Liability Act

170.1

11 Version according to Act of 28 September 1997 (Official Gazette 54, 367). In force since 1 Ja-

nuary 1998 (Official Gazette 54, 418).

12 Version according to Act concerning the adaptation of procedural law in personal and

family law of 27 March 2000 (Official Gazette 56, 187; Federal Gazette 1999, 1216). Approved by the Confederation

on 14 July 2000. In force since 1 January 2001 (Official Gazette 56, 245).

13 Version according to Financial Control Act of 30 October 2000 (Official Gazette 56, 465; Federal Gazette

2000, 402). In force since 1 July 2001 (Official Gazette 56, 500).

14 Version according to Act of 11 February 2008 (Official Gazette 63, 415; Federal Gazette 2007, 1240). In

force since 1 August 2008.

15 Version according to Police Act of 23 April 2007 (Official Gazette 64, 324; Federal Gazette 2006, 856).

In force since 1 July 2009.

16 Repealed by Police Act of 23 April 2007 (Official Gazette 64, 324; Federal Gazette 2006,

856). In force since 1 July 2009.

17 Version according to Act concerning the adaptation of cantonal administrative procedural

law of 22 March 2010 (Official Gazette 65, 390; Federal Gazette 2009, 801). In force since 1 July

2010.

18 Version according to Act concerning the adaptation of cantonal authority organisation

and cantonal procedural law in civil and criminal matters to the new federal

procedural laws of 10 May 2010 (Official Gazette 65, 520, 569; Federal Gazette 2009, 1489).

In force since 1 January 2011.

19 Repealed by Introductory Act to Child and Adult Protection Law

of 25 June 2012 (Official Gazette 67, 443; Federal Gazette 2011, 2567). In force since 1 January

2013.

20 Inserted by Act of 8 July 2013 (Official Gazette 68, 450; Federal Gazette 2012-12-21). In force since

1 January 2014.

21 Version according to Municipal Act of 20 April 2015 (Official Gazette 72, 183; Federal Gazette 2013-

04-19). In force since 1 January 2018.

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