Act on the Liability of the State and Municipalities as well as their Authority Members and Employees (Liability Act) (Haftungsgesetz) - Scope

1. This law applies to the state, the members of its authorities, as well as the persons in its service.

2. It applies accordingly also to the municipalities and, with the exception of the Schaffhausen Cantonal Bank, to other public law corporations and institutions, the members of their authorities, and the persons in their service.

3. Unless this law contains specific provisions, the regulations concerning employees apply to all of the aforementioned persons, whether they are employed full-time, part-time, or temporarily.

1. This law does not apply insofar as the liability of the state and employees is governed by federal law or other cantonal laws.

1. This law does not apply to private individuals.

2. If public law tasks are transferred to private individuals in an independent professional capacity, the commissioning corporation or institution is subsidiarily liable, insofar as the private individuals

a) are unable to provide the compensation owed for the damage caused

b) cannot be held liable for damages due to lack of fault

1. The state is liable for the damage unlawfully caused by an employee to a third party in the performance of official duties; the injured party has no claim against the employee.

2. In the case of a change in a decision in appeal or supervisory proceedings, the state is only liable if an employee has acted with intent or gross negligence.

3. The state is only liable for damage arising from incorrect information if the employee is at fault.

1. If the injured party has consented to the injurious act or if circumstances for which they are responsible have contributed to the occurrence or aggravation of the damage, the obligation to compensate shall be eliminated in whole or in part.

1. In the event of a killing or bodily injury, an appropriate sum of money may be awarded as compensation to the injured party or the relatives of the deceased, taking into account the special circumstances.

2. ...

1. Any person who is unlawfully injured in their personality has the right to seek a declaration of the injury, claim damages, and, if the severity of the injury justifies it and it has not been otherwise remedied, also seek satisfaction.

1. The state is liable for damage caused to someone by the lawful activity of an employee only if this is provided for by law.

2. However, if damage is caused to someone by police measures, which serve in particular to maintain peace, order, and security, the state may, at its discretion, provide compensation.

1. Liability for damage caused to someone by the actions of an employee paid by one of several public bodies rests with the public body that elected or appointed the employee. If the election was conducted by representatives of multiple public bodies, they are jointly liable.

2. The right to recourse against another public body is reserved.

1. The employee is liable to the state for any damage caused by an intentional or grossly negligent violation of their official duties.

2. If multiple employees jointly cause the damage, they are jointly liable in cases of intent, and proportionately liable according to the degree of fault in cases of gross negligence.

1. If the state has had to compensate an injured party pursuant to this or any other law, it shall have the right to seek full or partial recourse against the employee who intentionally or through gross negligence caused the damage.

2. If multiple employees have jointly caused the damage, they shall be proportionately liable according to the degree of their negligence in cases of gross negligence; in cases of intent, they shall be jointly liable.

1. The State is obligated to notify the employee, who may be subject to a recourse claim, as soon as a victim demands compensation from the State outside of court and as soon as a lawsuit has been initiated.

2. The employee has the right to intervene as a third party in the victim's lawsuit against the State.

1. Claims for salary, benefits from insurance institutions, and similar compensations can be offset against claims for damages, provided they are not exempt from enforcement.

2. The employee can also be held liable after the termination of the employment relationship or after non-reappointment.

1. Claims for Damages or Recourse are Asserted

a) by the Grand Council against members of the Grand Council, the Government Council, the Education Council, and the Superior Court

b) by the Local Council against members of the Local Council

c) by the Government Council against members of the Municipal Council and the highest administrative authority of public-law corporations or institutions, unless their organizational regulations specify otherwise

d) * by the Child and Adult Protection Authority against guardians

e) * by the competent supervisory authority in all other cases

1. If the state has had to compensate a third party for damage caused by unlawful conduct of private individuals under this or any other law, it has the right of recourse against the private individuals who caused the damage. The recourse shall be carried out according to federal civil law; Article 10 shall apply mutatis mutandis.

1. The cantonal civil courts adjudicate claims against the state. The provisions of the Swiss Code of Civil Procedure apply accordingly.

2. The Federal Supreme Court evaluates claims of third parties against the state that are based on unlawful conduct of the Higher Court.

1. Claims for damages and recourse against employees are determined in a written and reasoned order by the authority responsible for asserting the claim, unless the Federal Court has jurisdiction.

2. An appeal against the order may be filed in writing to the Superior Court as an Administrative Court within 20 days from the date of notification. All defects in the procedure and the contested decision may be challenged with the appeal; the Superior Court also examines the appropriateness of the decision. The provisions concerning administrative court procedures pursuant to the Law on Legal Protection in Administrative Matters apply accordingly.

3. The Judicial Administration Commission adjudicates claims of the state against members of the Superior Court and claims asserted by the Superior Court.

1. The legality of decisions and judgments that are formally final may not be reviewed.

2. However, in the assessment of the state's recourse claims, the judge is not bound by the judgment regarding the claims of the injured party against the state.

1. Claims against the state must first be brought forward in a preliminary procedure.

2. Requests for compensation and satisfaction must be submitted in writing

a) to the executive council for claims against the state

b) to the municipal council for claims against the municipality

c) to the highest authorized representative body for claims against organizations of cantonal public law with their own legal personality

3. If the authority approached disputes the claim in whole or in part, it shall inform the injured party of Art. 17 and 18 para. 2 and disclose who appointed or elected the employee.

1. The claim may be filed directly with the competent court if the competent authority has not responded or has rejected the claim within three months of its written assertion.

1. The liability of the state is extinguished if the injured party does not submit their request for damages or compensation within one year from the knowledge of the damage, but in any case within ten years from the occurrence of the damaging event, to the competent authority.

2. If the competent authority disputes the claim, the injured party must file a lawsuit with the competent court within six months from the notification, under penalty of forfeiture.

1. The Liability of the Employee to the State

The liability of the employee to the state is extinguished if the state does not assert the claim for damages within one year from the date it becomes aware of the damage, or if the state does not seek recourse within one year from the acknowledgment or judicial determination of its obligation to pay damages or file a claim before the Federal Court, and in any case, no later than ten years from the date of the employee's last harmful action.

1. The time limits pursuant to Articles 18 and 19 are suspended as long as criminal proceedings or a disciplinary investigation concerning the same facts are being conducted.

1. The statute of limitations is 10 years.

1. To the extent that this law does not establish its own rules, the provisions of the Swiss Code of Obligations shall apply supplementary.

1. As of the effective date of this Act, the following are repealed

a) Articles 141 to 143 of the Act on the Introduction of the Swiss Civil Code of July 27, 1911

b) The Ordinance on the Official Bonds to be Provided by Officers and Employees of Municipalities for the Benefit of the Municipality and the State of April 29, 1885

1. Damages caused prior to the enactment of this law shall be assessed according to the previous law.

1. This law shall be enacted by the government council following its adoption by the people and after the approval of Art. 13 para. 2 and Art. 14 para. 3 by the Federal Assembly.

2. It shall be published in the official gazette and included in the cantonal compendium of laws.