Lexipedia

State liability in Swiss public law

State liability concerns compensation for damage caused unlawfully by public authorities or officials, under federal or cantonal regimes.

Swiss state liability addresses when the Confederation, a canton, commune or public-law body must compensate harm caused in the exercise of public functions. The applicable regime depends on the authority involved and may be federal or cantonal. Typical issues include unlawfulness, damage, causation, official acts, liability for lawful conduct in exceptional cases, and procedural routes for bringing claims. It interacts with constitutional guarantees, administrative procedure, employment of public officials and remedies against state action.