Patrimonial liability in Albacete: City Council, courts, and typical local cases
The Albacete City Council, accessible via their electronic office (https://albacete.sedipualba.es/), is the usual starting point for filing patrimonial liability claims within the city. Individuals who have suffered damages due to municipal activity—such as falls on poorly maintained sidewalks, potholes, or deficiencies in public services—should initially submit their claims to this local authority.
If the claim is dismissed or six months pass without an express resolution, the next step is to turn to the contentious-administrative jurisdiction. In Albacete, the competent bodies are located at Avda. de la Mancha, 1, 02006, Albacete, where the Contentious-Administrative Courts are based. For higher-value matters or appeals, the Contentious-Administrative Section of the Superior Court of Justice of Castilla-La Mancha is involved, located at Calle San Agustín, 1, 02071, Albacete.
Typical cases in Albacete
Common claims in Albacete include injuries from poorly maintained sidewalks, potholes, or inadequate road signage. Claims also arise from administrative errors, such as delays in processing permits or irregular sanctioning proceedings. These scenarios have been addressed by local courts, and compensation amounts can vary significantly depending on the severity and proof of the damage.
Legal requirements for liability: real legal value
Patrimonial liability of the Administration is regulated by Law 39/2015 and Law 40/2015. For a claim to be successful, the following requirements must be met:
- Actual, assessable, and individualized damage: The harm must be concrete and economically quantifiable. Example: bone fracture from a fall on a broken sidewalk.
- Causal relationship between the damage and the operation of the public service, whether normal or abnormal.
- No force majeure or exclusive fault of the victim.
- One-year period from the occurrence or manifestation of the damage (Art. 67.1 Law 39/2015).
Objective liability means that the Administration is liable for the damage caused even without fault or negligence. In specific cases (e.g., healthcare or police activity), subjective liability may apply, requiring the claimant to prove negligent or culpable conduct.
Indicative compensation amounts in Albacete
In Albacete's contentious-administrative practice, compensation for falls in public spaces usually ranges from €3,000 to €30,000, depending on the severity and sequelae. For administrative errors with economic impact, amounts can range from €5,000 to €50,000, provided that the damage and causal link are duly proven.
Procedure: legal steps and competent bodies in Albacete
- Mandatory prior administrative claim: This must be submitted in writing to the Albacete City Council or the responsible administration. This initiates the patrimonial liability file. The resolution period is six months; administrative silence is interpreted as dismissal (Art. 91 Law 39/2015).
- Contentious-administrative appeal: If the claim is dismissed or unresolved within the deadline, an appeal can be filed before the Contentious-Administrative Courts of Albacete (Avda. de la Mancha, 1) within two months of notification or presumed dismissal due to silence.
- Expert evidence: Reports from independent medical experts are commonly used to quantify personal injuries. For material damages, technical expert reports are required.
- Mandatory advisory opinion: When the amount claimed exceeds €50,000, an opinion from the Consultative Council of Castilla-La Mancha is required.
Following these steps strictly is essential to avoid expiration or formal defects that could undermine the claim.
Why choose our firm in Albacete
Having a firm with extensive experience in claims against the Administration in Albacete ensures knowledge of the interpretative criteria applied by the local courts and the Superior Court of Justice of Castilla-La Mancha. Our work includes preparing documents based on local and national case law, collaborating with independent medical experts, and accompanying clients both administratively and judicially.
We offer in-person service in Albacete as well as online consultations for greater accessibility. You can request a no-obligation initial consultation, where we assess the viability and strategy of your claim against the City Council or other public bodies in the province.
