Administrative liability in Alcalá de Guadaíra: practical and legal keys
Administrative liability is a fundamental mechanism to obtain fair compensation when an act or omission by the Alcalá de Guadaíra City Council or any other public body causes real and economically assessable damage. In local practice, claims often arise from falls due to poorly maintained sidewalks, potholes, damage caused by lack of maintenance in parks or municipal facilities, as well as mistakes in the management of public services.
Competent courts and authorities in Alcalá de Guadaíra
Claims for administrative liability against the City Council or any administration based in Alcalá de Guadaíra must first be submitted to the relevant administrative body. If the claim is not resolved favourably, the claimant can turn to the courts, specifically the administrative courts of Seville. Ultimately, the High Court of Justice of Andalusia (TSJ), based in Seville, is competent to hear appeals and, in certain cases, high-value or particularly significant claims.
Common cases in Alcalá de Guadaíra
The most common claims in the locality are related to deteriorated public pavements, inadequate signage, or poor maintenance of public spaces. There are also cases involving damage from municipal works, falls in sports facilities, or administrative errors affecting licenses or social benefits.
Legal requirements for administrative liability
Law 39/2015 (Common Administrative Procedure) and Law 40/2015 (Legal Regime of the Public Sector) set out the essential requirements for a claim to succeed:
- Actual, assessable, and individualized damage: The harm must be real, quantifiable, and not derived from a legal obligation of the claimant.
- Causal link: It is necessary to prove that the damage is a direct consequence of the normal or abnormal operation of a public service.
- Service operation: Liability can arise from both an incorrect (abnormal) or correct operation that causes unlawful damage (objective liability).
- Time limit to claim: Article 67.1 of Law 39/2015 establishes a maximum period of one year from the occurrence or manifestation of the damage to submit the claim.
Objective vs subjective liability
The general rule in administrative liability is objective liability, meaning there is no need to prove fault or negligence. It is sufficient to prove the damage and its causal link to the public service. However, some cases require proof of intent or fault, especially when the damage arises from non-administrative activities or force majeure.
Indicative compensation amounts
The amount of compensation depends on the severity and specific circumstances of the damage. For example, in cases of falls on public streets in Alcalá de Guadaíra, Andalusian courts usually award compensation ranging from €3,000 to €30,000, depending on the injuries. Administrative errors causing financial loss may result in compensation from €5,000 to €50,000, depending on the impact on rights or interests.
Procedure: mandatory steps for a claim
- Mandatory prior administrative claim: A claim must be filed with the Alcalá de Guadaíra City Council or the responsible administration. The maximum period for resolution is six months. If no response is received, the claim is considered rejected by administrative silence.
- Expert evidence: It is common to submit medical reports, invoices, photographs, and witness statements. For personal injury, we work with independent medical experts to assess and quantify the damage.
- Consultative Council opinion: If the claim exceeds €50,000, the opinion of the Andalusian Consultative Council is mandatory before resolution.
- Administrative court appeal: If the claim is rejected, an appeal can be filed with the administrative courts of Seville within two months of notification or silence.
Why choose our law firm in Alcalá de Guadaíra
We have extensive experience handling administrative liability claims against the Alcalá de Guadaíra City Council and other public bodies. Our knowledge of proceedings before the administrative courts of Seville and the Andalusian High Court of Justice enables us to defend your rights and seek fair compensation under the applicable scale. We offer both in-person and online consultations in Alcalá de Guadaíra. The no-obligation initial consultation allows you to assess the viability and specific steps for your case.
