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Public liability; liability claims for state schools

Damage caused by a teacher to a third party in the performance of their duties must be settled by the employer. The governments are responsible for all state schools in their administrative district.

Forms

Responsible for you

Regierung von Oberbayern - Z3 - Haushalt; Prozessvertretung; Vergabekammer Südbayern

Regierung von Oberbayern

Street address

Maximilianstraße 39
80538 München

Hinweis: Wir empfehlen eine vorherige Terminvereinbarung bei persönlichen Vorsprachen

Postal address

80534 München

Procedure details

If a teacher causes damage in the performance of their duties or work, their employer is liable. This may involve material or immaterial damage.

This also includes all activities of a person who is not a teacher, but performs a sovereign activity in the school sector as a so-called "administrative assistant".

The governments are responsible for all state schools in their administrative district, regardless of the type of school, i.e. this also includes school types that are not otherwise assigned to the governments in terms of subject and hierarchy, such as secondary schools, grammar schools, technical and vocational colleges.

  • proof of loss
  • proof of loss

The liability claim must be filed by the state employee(s) from whose area of responsibility the claim is derived (not, for example, by the injured party).

The notice of claim must be submitted to the school management.

The school management shall forward the claim to the government without delay. In the case of primary and secondary schools, the claim is submitted via the State Education Authority.

The period is three years from knowledge of the circumstances giving rise to the claim.

The notification will be processed immediately once all the necessary documents have been received.

Action to the regional court
Status: 01.07.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Unterricht und Kultus
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