Liability Act (HG) - Purpose and Scope (HG)

1. The law governs the liability for damages caused by employees of the public sector (including teachers and specialist staff in educational services) in the course of their official duties within public or private employment relationships.

2. Insofar as the law does not contain any special provisions, the regulations concerning employees also apply to members of legislative, executive, and judicial authorities, as well as commissions.

3. The law does not apply to private individuals. Section 5a is reserved.

4. Special provisions of cantonal and federal law remain reserved.

1. Public Entities are the Canton, the Municipalities, the Municipal Associations, and the National Churches as well as their legally capable institutions.

1. "Private" refers to individuals and organizations outside the scope of Section 1, Paragraphs 1 and 2, as well as their employees.

1. Insofar as the law does not contain its own provisions, the regulations of the Swiss Code of Obligations, particularly Articles 41 et seq. CO, shall apply as supplementary cantonal law.

1. The state is liable for the full damage unlawfully caused to third parties by employees in the exercise of official duties, unless it proves that the employees are not at fault. The incapacity to act of the employees does not nullify the liability.

2. If a decision is altered in the appeal proceedings, the state is liable only if it is proven that the employee or authority intended the unlawfulness. The legality of final decisions cannot be reviewed in liability proceedings.

3. In cases of contributory negligence by injured third parties, the compensation is reduced.

4. Third parties have no claims against employees.

1. Liability of the Public Entity for Damages from Lawful Actions Occurs Only According to Specific Statutory Provisions.

2. In Special Cases, Particularly in the Event of Damage Resulting from a Lawful Police Operation, the Public Entity May Provide Compensation at its Discretion.

1. When private individuals are entrusted with official duties, the community shall be liable in their place according to the provisions of civil law for any damage arising from unlawful conduct in the performance of these duties, insofar as the private individuals cannot be held accountable or are unable to provide the owed compensation.

2. The community obliges private individuals, when transferring official duties, to insure themselves against liability consequences in accordance with the nature and extent of the risks.

1. The community in whose service the employee is engaged, or which has entrusted private entities with official duties, is liable.

2. Multiple communities shall be jointly and severally liable.

1. The provisions of the Code of Civil Procedure shall apply to jurisdiction and procedure.

1. The claim for damages against the community is subject to the statute of limitations in accordance with the provisions of the Swiss Code of Obligations concerning torts.

2. ...

1. If a public entity has paid damages in fulfillment of its liability, it may seek recourse against other public entities if they are also liable or if the employee acted in their interests.

2. The cantonal court determines the amount of the claim at its discretion. Section 15 paragraph 2 and section 16 paragraph 2 are applicable.

1. Employees shall be liable to the community for the damage they have unlawfully and willfully or with gross negligence caused to it.

1. If the public entity has provided compensation in fulfillment of its liability obligation, it can seek recourse from the employee if he or she has caused the damage unlawfully and intentionally or through gross negligence.

1. If multiple employees jointly caused the damage, they are liable proportionally according to the degree of their fault.

1. - If the public entity has had to compensate an injured third party for damage arising from official acts in place of private individuals, it shall have a right of recourse against the private individuals to the same extent.

1. The community may waive the compensation claim, in whole or in part, if it appears justified after considering all circumstances. In particular, the course of the damage, the previous conduct in service, and any financial hardship of the liable party or parties are to be taken into account.

1. The claim for compensation is asserted by the highest administrative authority of the community. If the claim for compensation is directed against members of the highest administrative authority, their supervisory authority is responsible.

2. The claim for compensation is asserted in legal proceedings in accordance with the Administrative Procedure Act.

1. The claim for damages is extinguished if the action is not filed within three years from the date the damage and the liable party or parties become known, but in any case no later than five years after the occurrence of the damage.

2. The recourse claim is extinguished if the action is not filed within one year from the acknowledgment of the third party's claim for damages by the public authority or from the legally binding determination of the claim for damages.

3. These provisions shall not be applied to compensation claims against private individuals.

1. Private individuals who have been entrusted with official duties prior to the entry into force of this amendment are required to subsequently insure themselves against liability consequences arising from such activities, according to the nature and extent of the risks, insofar as no insurance exists yet. Public authorities must adjust service contracts with private individuals at the earliest possible date, but no later than within five years from the entry into force of this amendment.

1. If the statute of limitations or forfeiture has not yet occurred under the previous law, the new law shall apply.

2. The commencement of the new law does not affect the start of an ongoing statute of limitations or forfeiture period.

1. Proceedings which are pending at the time of the entry into force of this law shall be governed by the previous law.

1. The law enters into force on January 1, 1990. It is subject to an optional referendum.