(1) If an official intentionally or negligently breaches the official duty incumbent upon them in relation to a third party, then they are to provide compensation to the third party for the damage arising therefrom. If the official is at fault only for negligence, then they may be held liable only if the injured person is not able to obtain compensation in another way.
(2) If an official breaches their official duties in a judgment in a legal matter, then they are responsible only for any damage arising therefrom if the breach of duty consists of a criminal offence. This provision does not apply to a refusal, in breach of duty, to perform official tasks or to a delay, in breach of duty, in doing so.
(3) Liability in damages does not apply if the injured person intentionally or negligently has failed to avert the damage by taking recourse to legal remedies.