Radiological Protection Act (RPA) (RPA)
Revised by the FA Drafting Commission (Art. 33 ParlPA; AS 1974 1051).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 39 Liability
1 Anyone who operates equipment or carries out activities involving an ionizing radiation hazard shall be liable for any resultant damage unless it can be demonstrated that all due care was exercised to avoid the damage. 2 Where two or more persons are liable under paragraph 1, they shall be jointly and severally liable. 3 The above is without prejudice to the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by the Additional Protocol of 28 January 1964, the Protocol of 16 November 1982 and the Protocol of 12 February 2004 (the Paris Convention) and the Nuclear Energy Liability Act of 13 June 2008 with regard to nuclear damage caused by nuclear facilities or the transport of nuclear materials.
Para. 3 — SR 0.732.44 Para. 3 — SR 732.44 Para. 3 — Amended by Annex No II 4 of the Nuclear Energy Liability Act of 13 June 2008, in force since 1 Jan. 2022 (AS 2022 43; BBl 2007 5397).
Art. 40 Limitation of liability claims
Claims for compensation or redress arising from damage caused by ionizing radiation and not covered by the Paris Convention and the Nuclear Energy Liability Act of 13 June 2008 shall be time-barred three years after the injured party has become aware of the damage and of the identity of the liable party, and in any event 30 years after the cessation of the detrimental effects.
Art. 40 — Amended by Annex No II 4 of the Nuclear Energy Liability Act of 13 June 2008, in force since 1 Jan. 2022 (AS 2022 43; BBl 2007 5397). SR 0.732.44 SR 732.44