Water Retaining Facilities Act (WRFA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 13 Exemption from the scope of application of this Act
The provisions of this Chapter do not apply to water retaining facilities that serve the sole purpose of protecting against natural hazards.
Art. 14 Liability on the part of operators
1 The operator of a water retaining facility is liable for damage to persons and property that is caused when risks associated with the flow of large quantities of water, mud or other materials materialise. 2 The operator is also liable for costs, with the exception of loss of income, that are incurred as the result of measures ordered by the authorities to prevent or reduce an imminent threat. 3 Liability as operator applies to any person who owns, constructs or operates a water retaining facility. If the operator is not the owner of the facility, the latter shall be held jointly and severally liable with the operator. 4 The federal government, cantons, communes or other public bodies or institutions are also liable in accordance with the provisions of this Act if they operate water retaining facilities.
Art. 15 Exemption from liability
If the operator of a water retaining facility proves that the damage was due to force majeure, gross negligence on the part of the injured person, sabotage, acts of terrorism or acts of war, he shall be exempted from liability.
Art. 16 Applicability of the Swiss Code of Obligations
Insofar as this Act does not contain any special provisions, liability is governed by the provisions of the Swiss Code of Obligations on torts.
SR 220
Art. 17 Securing of evidence in the event of major damage
1 In the event that major damage is caused, the Federal Council shall order an investigation. 2 The Federal Council shall make a public announcement requesting every person who has suffered damage to report the damage within three months, citing the date and location. In its public announcement, the Federal Council shall state that failure to comply with the specified deadline does not rule out any claim for compensation, but may hamper the subsequent assessment of the causal connection between the damage incurred and the release of water from a water retaining facility.
Art. 18 Coverage for liability risk
The cantons may stipulate that liability under this Act be covered, in part or in full, and in line with the type and extent of the associated risks, through the conclusion of insurance contracts or in another equivalent manner.
Art. 19 Large-scale damage
1 In the event of the occurrence of large-scale damage, the Federal Assembly may issue a compensation plan in the form of an ordinance. 2 There is large-scale damage if, as the result of a disaster, it has to be anticipated that: a. the funds available to the persons who are liable and are required to cover liability risks to cover the damage are insufficient to meet all claims for compensation; or b. it is not possible to carry out ordinary compensation proceedings due to the large number of claimants. 3 In its compensation plan, the Federal Assembly shall define the principles for the just distribution of all available funds for settling claims. 4 In its compensation plan, the Federal Assembly may: a. deviate from the provisions of this Act or from other provisions governing compensation claims; b. provide that the Federal Government will pay additional contributions to compensate uncovered damage and that payment thereof shall be made dependent on payments effected by the canton in
Art. 20 Modification of the payment obligation and apportionment contributions following large-scale damage
1 If an emergency situation should arise due to large-scale damage, the Federal Council has the power to issue specific regulations relating to private insurance, social insurance and public insurance concerning: a. the modification of the payment obligation on the part of insurers; b. the collection of apportionment contributions from insured persons; c. the deduction of apportionment contributions from payments by insurers. 2 This authorisation does not apply to liability insurance.
Art. 21 Costs of measures taken by authorities
The costs of measures taken by the relevant authorities in order to protect against or reduce an imminent threat may be passed on to the operator and to the owner.