Patrimonial liability in Alcantarilla: practical and legal keys
In Alcantarilla, residents who suffer damages due to the operation of municipal, regional or state public services can initiate a patrimonial liability procedure to seek fair compensation. The Alcantarilla City Council manages numerous urban services and, in cases of accidents caused by poorly maintained sidewalks, potholes, inadequate lighting or incidents in municipal facilities, the obligation to compensate may arise if the legal requirements are met. Administrative errors in urban planning files, permits, fines or registration procedures may also give rise to liability claims against the local authority.
Competent bodies and judicial routes in Alcantarilla
The patrimonial claim is initially submitted to the responsible administration (for example, the Alcantarilla City Council via its electronic headquarters or at Plaza San Pedro, 1). If the response is unsatisfactory or there is no reply within six months, the matter can be brought before the Contentious-Administrative Courts. Alcantarilla does not have its own contentious courts, so jurisdiction usually lies with the courts in Murcia city or, for more significant appeals, with the Contentious-Administrative Chamber of the High Court of Justice of the Region of Murcia.
Local scenarios: falls, potholes and public services
The most common cases in Alcantarilla include falls on public roads due to loose tiles, potholes or lack of maintenance in parks and gardens. Damages resulting from administrative errors (such as improper handling of sanctioning proceedings) and deficiencies in essential services (water, waste collection, lighting) are also frequent. In all these cases, it is essential to prove the damage and its direct link to the operation of the public service.
Legal basis: requirements and indicative amounts
Legal elements of patrimonial liability
Patrimonial liability of the Administration is regulated by Law 39/2015 and Law 40/2015. For a claim to succeed, it is essential to prove:
- Actual, economically assessable and individualized damage: The harm must be real, specific and capable of monetary assessment.
- Causal link: The damage must result directly from the normal or abnormal operation of a public service.
- No force majeure or exclusive fault of the victim: If the injured party was solely responsible for the harm, the administration is not liable.
The deadline to claim is 1 year from when the damage occurred or its harmful effect became apparent (art. 67.1 Law 39/2015).
Objective vs subjective liability
The Spanish system is generally objective: it is sufficient to prove the damage and causal relationship, without needing to prove fault by the administration. However, in some cases (discretionary acts, healthcare, police actions) subjective liability (negligence or malfunction) may be required.
Indicative figures according to case law
Compensation amounts vary according to the seriousness and consequences of the harm. For example:
- Falls on public roads: between 3,000 and 30,000 euros, depending on injuries and aftereffects.
- Administrative errors: between 5,000 and 50,000 euros, according to the proven financial loss.
Procedure: steps to claim in Alcantarilla
1. Mandatory prior administrative claim
The process always begins with a claim to the responsible administration. The following should be provided:
- Documentation of the harm (medical reports, invoices, photographs, etc.).
- Proof of the causal link (e.g., police reports, witness statements, technical reports).
The administration has six months to decide. If there is no response, the claim is considered dismissed by administrative silence.
2. Contentious-administrative proceedings
If the claim is expressly or tacitly denied, it is possible to appeal to the Contentious-Administrative Courts of Murcia within two months from notification or from the silence. For claims exceeding 50,000 euros, an opinion from the Council of State or the regional consultative body is required.
3. Expert evidence and damage assessment
Expert evidence is essential, especially in cases of physical injuries or material damage. We collaborate with independent medical experts to provide reports supporting the claimed amount and the existence of the causal link.
Why choose our firm in Alcantarilla
We have experience handling patrimonial claims against the Alcantarilla City Council and other public administrations in the Region of Murcia. We are familiar with the practice of the Contentious-Administrative Courts of Murcia and the relevant case law of the High Court of Justice of the Region of Murcia. We offer in-person attention in Alcantarilla and online options to suit each case. We provide a no-obligation initial consultation, analysing the viability of your claim and the steps to follow.
