A state within its borders guarantees actual and judicial safety. Every person is protected from any risks or possibility of damage that can be caused by any official personnel working for the government. Official personnel act according to the Constitution, law and subordinate legislation and they are obliged to conduct the will of the government. In certain cases the government has the right to demand recourse from the official that is responsible for the caused damage, immediate responsibility of the official is estimated in exceptional cases. Liability of state is an institute that has the responsibility to provide the means necessary to fix any damage caused to individuals, and it is a way of controlling the officials that are employed by the government. Its purpose is achieving two goals: Protection of Human Rights and Fundamental Freedoms and ensuring the functionality of public service. In Croatia we have a few laws that predict state liability for any damage caused by its officials. Although the law in Croatia is not that different from other European countries, in court (especially Supreme Court of Croatia) the possibility of atonement is very limited. The individual has the responsibility to prove that there is consent for the caused damage and the responsibility of the government for the caused damage is very limited in cases in which the forbidden acts of the official can be considered a felony.