Act on the Liability of Public Authorities and Their Agents - Purpose

1. This Act regulates

a) the liability of the state and municipalities towards third parties for the actions of their officials in the exercise of their official duties;

b) the liability of officials towards the public community for damages they cause to it while exercising their official duties.

2. To the extent that the liability of public entities and their officials is regulated by federal law or by special provisions of cantonal law, this Act does not apply.

1. Municipalities within the meaning of this law are the municipal municipalities, the civic communities, the church municipalities, as well as the municipal associations.

1. The term "public officials," performing a public function at the cantonal or municipal level, as defined by the law, includes all members and alternate members of the authorities and commissions of the canton and public communities, as well as all individuals employed by them, whether they work on a full-time, part-time, permanent, or temporary basis.

1. The state and municipalities are liable for damage unlawfully caused to a third party by an official in the exercise of their official duties.

2. If a decision is altered in an appeal procedure, the public entity is only liable if the decision was manifestly arbitrary.

3. For damage resulting from incorrect information, the public entity is only liable in cases of intent or gross negligence on the part of the official, and where the injured party could not have recognized the inaccuracy.

1. The public official is not personally obligated to compensate third parties for damages. He cannot be called upon by the community to provide indemnification.

1. In the event of the killing of a person or bodily injury, the judge may, in consideration of particular circumstances, award an appropriate sum of money as compensation to the injured party or the family of the deceased, provided that the officer is culpable.

1. Any person who is injured in their personal circumstances shall also be entitled to satisfaction where the particular severity of the injury and the fault of the public official justify it.

1. The right to claim damages or compensation expires one year from the day the injured party becomes aware of the damage and the liable community, but in any case, it expires after ten years from the day the damaging act occurred.

2. However, if the claim is derived from a criminal act for which criminal law prescribes a longer period of limitation, this longer period also applies to the claim for damages.

1. Furthermore, the provisions of the Swiss Code of Obligations shall apply as supplementary cantonal law.

1. The legality of formally binding orders, decisions, and judgments cannot be reviewed in a liability procedure pursuant to the meaning of this law.

1. The public authority is liable for damage caused to a third party by its lawful activities only if such liability is provided for under a statute.

1. If a third party suffers damage as a result of police measures by the public authority intended to avert a state of emergency, the public authority is obliged to provide compensation in fairness. The same applies if one or relatively few individuals suffer disproportionately severe damage as a result of any other intervention measure by the public authority.

2. The obligation to compensate is waived in whole or in part if the injured party caused the state of emergency or the other intervention measure themselves, or if they are grossly negligent in the cause or worsening of the damage.

3. With regard to the statute of limitations, Article 8 is applicable.

1. Public officials are liable to the public community for the damage they have caused intentionally or through gross negligence.

1. The community, which has compensated a third party, retains the right of recourse against the officials who have intentionally or through gross negligence caused the damage, even after the termination of the employment relationship.

1. The claim for damages by the public entity against the public official becomes time-barred

a) in the case of Article 13, one year from the day on which the entitled authority of the injured public entity became aware of the damage and its perpetrator, in any event, no later than 10 years after the day of the harmful act;

b) in the case of Article 14, one year from the day on which the obligation of the public entity to pay damages was acknowledged by a final judgment, agreement, claim acknowledgment, or in any other manner, in any event, no later than 10 years after the day of the harmful act.

2. Article 8, paragraph 2, also applies to the claim for damages by the public entity against the public official.

1. If multiple public officials have jointly caused damage, they are liable to the community: in cases of intent, jointly and severally; and in cases of gross negligence, proportionately according to the degree of fault.

1. The public body is required to notify the public official against whom recourse might be considered as soon as a third party demands compensation from the public body extrajudicially and as soon as a lawsuit has been filed against the public body.

2. The public official threatened with recourse has the right to intervene in the lawsuit of the injured third party against the public body.

1. Furthermore, the provisions of the Swiss Code of Obligations shall apply as supplementary cantonal law.

1. Actions based on this law fall under the jurisdiction of the civil court. The Swiss Code of Civil Procedure is applicable.

2. The Federal Court adjudicates claims of third parties against the state that are justified by the conduct of the Council of State and the Cantonal Court or their members, as well as claims of the state against these officials. The approval of this provision by the Federal Assembly is reserved. [1]

1. It is the duty of the executive authority of the affected community to bring forth the legal actions provided for in the law, unless other authorities are subsequently declared competent.

2. Only the Grand Council can decide on the filing of a direct action or a recourse action against members of the State Council or the Cantonal Court.

3. This decision is made following deliberations initiated by a message from the State Council or by a request signed by five members of the Grand Council. In both cases, a committee is appointed according to the regulations of the Grand Council, which must report to the assembly.

4. If the Grand Council orders the proceedings, the Bureau of the Grand Council acts on behalf of the State.

5. Only the General Council, or in its absence, the State Council, can decide on filing an action against members of the executive municipal authority. Instead of the State Council, the municipality may, by regulation, declare the general assembly competent for the decision on filing the action and the government commissioner for conducting the relevant proceedings. The State Council is to be informed of every decision to file an action and the progress of the proceedings.

1. The statute of limitations is interrupted from the day of the filing of the written petition or the message of the State Council with the Grand Council until its decision.

1. The following legal provisions are hereby repealed

a) Article 300 of the Code of Civil Procedure dated September 20, 1919;

b) Law on the Responsibility of the Council of State dated May 21, 1840.

1. This law is subject to a referendum.

2. The State Council is entrusted with the execution and publication of this law.