Act on the Liability of Public-Law Corporations and Institutions and the Responsibility of Authorities and Public Employees (Liability Act) (VG) - Principle (VG)

1. The state, the municipalities, other public-law corporations, and the public-law institutions under cantonal law are liable for the damage unlawfully caused to third parties by their authorities and employees in the execution of official duties.

2. Employees also include persons who are employed on a part-time, provisional, or private-law basis.

3. The injured party cannot directly hold members of authorities and employees liable.

1. The state and the municipalities are liable for damage caused by lawful actions of their police forces when individuals are severely affected, and special circumstances justify it.

1. Final Judgments, Decisions, and Orders Cannot be Reviewed for Legality.

1. The claim for damages is time-barred if the injured party does not file the request for arbitration within two years after becoming aware of the damage, but no later than ten years after the damaging act.

2. The corporation or institution may waive the right to invoke the defense of limitation.

1. The government can require public law corporations and institutions to insure themselves against liability consequences.

2. The government is authorized to establish its own public insurance fund.

1. Members of authorities and employees are responsible for the damage they cause to the public law corporation or institution through intentional or grossly negligent breach of duty.

2. Employees are considered to be persons who are in a public law employment relationship, even if they are employed on a part-time or provisional basis.

1. If a public-law corporation or institution has provided compensation under this law or other regulations, it is entitled to seek recourse from the officials and employees who caused the damage intentionally or through gross negligence.

2. The corporation or institution must immediately inform the officials and employees, who are threatened with a recourse action, of the compensation claim. It may notify them of the dispute in accordance with the Swiss Code of Civil Procedure of December 19, 2008.

1. If multiple authority members or employees have jointly incurred damage, they are liable to contribute proportionately, depending on the extent of their fault.

2. It is presumed that the members of an authority have participated in its actions unless they prove otherwise.

3. Insofar as authority members and employees have caused damage intentionally, joint and several liability may be recognized.

1. Claims for damages or recourse by the State are raised by the government.

2. The assertion of claims against members of the government, the state secretary, as well as members of the Court of Cassation, the Cantonal Court, the Chamber of Accusation, and the Administrative Court is reserved for the Grand Council.

3. For the municipalities, the provisions of the Municipal Act are authoritative.

1. The right to claim damages expires after two years from the time the entitled organ becomes aware of the harm, but no later than ten years after the harmful act.

2. The right of recourse expires after two years from the time the existence and extent of the liability for damages of the public-law corporation or institution have been acknowledged or legally established.

1. To the extent that this law does not provide its own regulation, the provisions of the Code of Obligations are applied correspondingly as supplementary law.

2. In particular, applicable are the principles of the Code of Obligations concerning the exclusion of liability in cases of self-fault by the injured party, the determination of damages, the assessment of compensation, as well as the provision of restitution.

1. This law shall not apply if federal law is to be applied and to the extent that divergent cantonal liability and responsibility provisions exist.

2. The state or the municipality shall, however, be liable under the provisions of this law for damage caused to third parties by

a) ...

b)* ...

c) the commercial register official and their supervisory authorities,

d) ...

3. The religious communities recognized as public-law corporations may enact divergent provisions within the framework of their autonomy.

1. The civil judge adjudicates the public law claim.

1. Members of authorities and employees who hold or manage money or monetary assets are required to provide adequate security to cover claims for damages and recourse under this law.

2. This obligation commences upon assumption of office.

3. It expires two years after leaving office, provided that no claims for damages or recourse are pending or no claims for damages have been filed.

1. The government regulates by ordinance

a) the design of the security deposit,

b) the conditions for the recognition of self-help organizations.

1. The public law corporation or institution may provide security through

a) Joining a self-help organization of public law corporations and institutions, which is recognized by the competent department and is under its supervision,

b) Concluding an insurance policy.

1. The Law on the Liability of Members of the Government Council of May 24, 1833,

2. The Law on the Liability of Authorities, Officials, and Public Employees of January 4, 1886,

3. Art. 170 of the Introductory Law to the Swiss Civil Code of July 3, 1911/June 22, 1942.

1. The government council shall determine when this law comes into force.

2. It shall not apply to damages caused before the commencement of enforcement.