Liability Act (HG) - Scope (HG)

1. The subject of this Act is the financial liability of the public community and its employees, as well as organizations and individuals entrusted with public duties.

2. Private individuals who perform public duties delegated by the public community are liable for damages caused in the course of such duties with their assets. There is no residual liability of the public community. Claims must be asserted in accordance with the provisions of federal private law through civil litigation. The delegation of duties to private individuals requires proof of adequate liability insurance if there is a risk of significant harm to third parties and the public community is not liable by virtue of special regulation.

3. Reserved are the special liability provisions of cantonal law.

1. Where the law does not provide otherwise, the provisions of federal private law, in particular Articles 41-61 of the Swiss Code of Obligations, apply as supplementary cantonal law.

1. Accountable Public Entities according to this Law are the Canton, the Resident and Local Municipalities, as well as the Intercommunal Organizations (Municipal Associations) or the Organizations of Public Law entrusted with public tasks by them.

1. If a decision in the appeals process is altered or annulled, liability shall only exist if the lower court made an incorrect decision intentionally or with gross negligence.

2. The legality of decisions that are formally final cannot be reviewed in liability proceedings.

1. Persons who have suffered financial loss as a result of the harm caused to another person, without an unlawful infringement on their own legal rights, have no claim for compensation against the government entity.

2. If persons have lost their provider due to killing, the resulting damage is to be compensated.

1. Liability for damage caused by false information shall only be attributed to the government entity in cases of intentional misconduct or gross negligence by the person providing the information.

2. It is further required that a competent person provided the information unconditionally and that the injured party, in good faith, made or refrained from making dispositions based on that information, which resulted in the impairment of their assets.

1. Legally caused damage must be borne by the affected parties themselves.

2. If this appears unreasonable because the damage severely affects individuals, appropriate compensation is to be granted, particularly if the harmed person neither initiated the damaging action or omission nor benefited from it.

1. In cases of homicide or bodily injury to a person, as well as in cases of severe personal injury, a reasonable sum may be awarded as compensation for non-pecuniary damage, in addition to damages, in consideration of the circumstances.

1. If individuals serving in the service of various public entities cause damage, these entities are jointly liable, provided that the official activity cannot be attributed to a single public entity.

1. Injured third parties have no claim for compensation or satisfaction against natural persons who have caused damage.

2. If a public law organization entrusted with public tasks has caused the damage, the responsible community must be joined in the proceedings.

1. Before filing a lawsuit, a settlement must be sought with the community. The settlement procedure is free of charge.

2. In all other respects, the procedure is governed by the provisions of administrative court proceedings.

3. The government council determines by ordinance the authority where the liability claim against the canton is to be asserted.

1. If the community has provided compensation or satisfaction, it may seek recourse from the responsible person if they have acted unlawfully with intent or gross negligence.

2. To bring a lawsuit against members of the Grand Council, the Executive Council, and the courts, a resolution of the Grand Council is required; a prior conciliation procedure is not necessary.

3. Recourse is excluded if the responsible person has not been immediately informed about the liability claim.

1. If multiple persons have caused the damage, they are liable in proportion to their degree of fault.

2. Members of collegiate authorities are jointly liable. They are exempt from liability if they can prove that they did not consent to the decision that caused the damage.

1. The defendant is entitled to all objections and defenses that were available to the recourse-claiming community in the proceedings against the injured party, provided that no final decision has been made on these.

2. A lawsuit may be waived, particularly if it would disproportionately impact the person responsible for the damage.

1. Recourse claims may only be offset against the salary or other compensation claims of the person causing the damage without their consent once they have been finally determined in a settlement or judgment.

1. The right of recourse is subject to a limitation period of one year from the time the liability claim is legally established.

2. If the claim arises from a criminal act, the criminal statute of limitations applies if it is longer.

1. Claims for recourse against natural persons are to be asserted in accordance with §§ 37 and 39 of the Law on the Basics of Personnel Law (Personnel Law, PersG) of May 16, 2000, or in accordance with §§ 35 and 36 of the Law on the Employment of Teaching Staff (GAL) of December 17, 2002.

1. Damages caused before the enactment of this law are assessed according to the previous law.

1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.