Where the state or a local government must pay damages, on what condition must the person bearing the related costs also pay?
General information · Not legal advice
Material to check
In practice material of this kind, the papers to read are those showing who appointed or supervised the official, or installed and managed the public facility, and the payroll or cost records showing who bore the official's pay, salary or other costs, or the installation and management costs, since the provision turns on those two roles and that cost being held by different persons.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition of the provision attached: only where the state or a local government is liable to pay damages on one of the grounds the provision names, a person who bears the official's pay, salary, other costs, or the costs of installing or managing the public facility must also pay damages, and this reaches that person only where that person is not the same as the one who held the appointment, supervision, installation or management.
Another reading stresses the difference the provision turns on: where the person who appointed or supervised the official, or installed and managed the facility, is the same person who bore the costs, no further payer is pulled in; and where a separate cost-bearer has paid, the provision identifies whom that payer may seek recourse against in the internal relationship, the person liable for the damage there, rather than leaving that question unsettled.
Your judgment
If the file shows both a supervisor of the official and a separate bearer of that official's salary, how could it also show, in their internal relationship, which of them is liable for the damage?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which persons may be held liable alongside the state or a local government, or how far the internal recourse claim between them may go.