Public Liability of the Administration in A Coruña: Claim a Fair Compensation
The City Council of A Coruña is responsible for maintaining essential public services such as sidewalks, roads, street lighting, parks, and other urban infrastructures. The competent courts for resolving public liability claims in A Coruña are the Administrative Litigation Courts, located at Edificio Novos Xulgados, Rúa Monforte, s/n, 15007 A Coruña. In case of appeals, the High Court of Justice of Galicia (TSXG), based in the city, is the highest judicial authority in the autonomous community.
Common cases in A Coruña: falls and damages due to poor public infrastructure
Typical cases in A Coruña include falls caused by loose or broken paving stones, potholes in the roadway, accidents due to inadequate signage, and damages from defective public services (transport, cleaning, playgrounds, or street furniture). Claims for administrative errors causing financial or personal harm to residents are also frequent.
Legal requirements to claim: what the law demands in A Coruña
Public liability of the Administration is regulated by Article 67.1 of Law 39/2015, of 1 October. For a claim to succeed in A Coruña, the following requirements must be met:
- Effective, economically assessable and individualized damage: The harm must be real and quantifiable. Hypothetical damages are not accepted.
- Causal link: The damage must result directly from the normal or abnormal operation of a municipal or regional public service.
- Normal or abnormal functioning of the service: Liability may arise even if the service operated correctly (objective liability), but also if there was negligent or unlawful action (subjective liability).
The time limit to claim is one year from when the damage occurs or its extent is known (Art. 67.1 Law 39/2015).
Objective and subjective liability: key differences
In the judicial practice of A Coruña, objective liability applies when the citizen suffers harm that they are not legally obliged to bear and that arises from the operation of the public service, without the need to prove fault or negligence. Subjective liability requires proof of unlawful or negligent action by the Administration.
Indicative compensation amounts in A Coruña
- Fall in public areas: Compensation generally ranges from €3,000 to €30,000, depending on the severity of injuries and aftereffects.
- Administrative error: In cases of significant financial losses, the amount can range from €5,000 to €50,000, depending on the direct impact on the affected party's assets.
Procedure to claim public liability in A Coruña
- Mandatory prior administrative claim: This must be addressed to the competent body of the A Coruña City Council or Xunta de Galicia. The resolution period is six months; if there is no response, it is considered rejected by administrative silence.
- Administrative litigation appeal: If the claim is rejected, an appeal can be filed before the Administrative Litigation Courts of A Coruña within two months from notification or from the date of administrative silence.
- Expert evidence: It is common for independent medical experts to be involved to prove the existence, extent, and consequences of the harm.
- Mandatory advisory opinion: If the requested compensation exceeds €50,000, an opinion from the Galician Consultative Council is required.
The procedure is governed by Law 39/2015 on Common Administrative Procedure and Law 29/1998 regulating Administrative Litigation Jurisdiction. The process can be conducted both in person at municipal or judicial offices in A Coruña and electronically.
Why choose our law firm in A Coruña
We have extensive experience handling public liability claims against the A Coruña City Council and Xunta de Galicia. We are familiar with the practices of the Administrative Litigation Courts and the TSXG in damage assessment and evidence requirements. We offer in-person and online consultations in A Coruña for your convenience. The initial consultation is without obligation: we assess the legal viability of your case and guide you on the next steps.
We collaborate with independent medical experts to guarantee an objective assessment of the damages. Our objective is to defend your rights and seek fair compensation in accordance with the applicable scale and case law in Galicia.
