Lawsuits Against the Republic – Massive Increase in Public Liability Lawsuits in 2022

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Civil liability lawsuits arise when the state has caused damage. This was the case, for example, in Ischgl at the start of the pandemic – there are about 100 lawsuits pending over the cause. But not only Ischgl deals with the regional court for civil cases, but also with bullying or bragging and traffic accidents.

The Ischgl case is probably the first thing that comes to mind when you hear the term civil service liability action. Because if damage is caused by gross negligence on the part of a state body, that body is also liable.

The case plays a central role in the Vienna Regional Civil Court (LGZ): “Because of Ischgl, official liability proceedings are increasingly discussed. As a result, the number of official liability cases has increased enormously,” reports Waltraud Berger, president of the court .

Also bullying, being a boss and traffic accidents
The lawsuits aren’t just about the infamous ski resort, though: two judges revealed they’re mostly engaged in mobbing or bossing in public service, especially among police officers and soldiers. Traffic accidents involving emergency vehicles and garbage trucks are also a problem – because the state, municipality or federal government are liable here.

Official liability cases tripled
In the Vienna court, the number of lawsuits against public authorities has tripled since 2019. While 83 official liability cases were filed then, there were already 112 cases in 2020, 175 in 2021 and even 218 in the current year. About 100 of these relate to official malfunctions in Ischgl at the start of the pandemic. In any case, Corona plays a central role in the increase: “It is also about fines for Covid regulations that did not last,” said judge Stefan Riegler.

A third of cases go to court
In one third of the cases, the claims are paid immediately. Another doesn’t even lead to a lawsuit, but the last third does. The first hearing after the cancellation of the first ruling in the Ischgl case, which dismissed the lawsuit, did not begin until September.

Source: Krone

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