Patrimonial Liability of the Administration in Alcobendas: Practical Guide and Legal Defence
Alcobendas, a dynamic municipality in northern Madrid, experiences frequent administrative and urban activity that may result in citizens suffering damages due to the operation of public services. The Alcobendas City Council, like any public administration, may be liable for damages caused by poorly maintained pavements, potholes, municipal facility defects, or errors in the management of services such as permits, taxes, or urban planning files. Claims must be addressed to the responsible authority and, if unresolved or dismissed, to the competent administrative courts in the area. In the Community of Madrid, the High Court of Justice (TSJ) may also hear these cases depending on the claim's amount, subject matter, or appeal route.
Common cases in Alcobendas: public space and municipal service damages
Frequent scenarios in Alcobendas include falls due to loose paving stones or potholes, accidents in municipal sports or cultural facilities, damages from lack of maintenance in parks and gardens, and losses caused by administrative errors in file processing. The administrative case law in Madrid has established criteria for assessing such damages, making it essential to prove causation and the reality of the harm suffered.
Legal Basis: Requirements and Deadlines under Law 39/2015
Key elements of liability
- Actual, measurable, and individualized damage: The harm must be real, economically quantifiable, and specifically affect the claimant.
- Causal link: There must be a direct connection between the operation of the public service—whether normal or abnormal—and the damage caused. For example, a fall due to a defective pavement near the Alcobendas City Council (C/ Joaquín Rodrigo, 3).
- Normal or abnormal operation: Compensation is due whether the service operated incorrectly or in accordance with regulations but caused unlawful harm.
- Deadline for claims: Article 67.1 of Law 39/2015 sets a one-year period from when the incident occurs or its effects become apparent for filing a claim.
Objective and subjective liability: practical differences
As a general rule, administrative liability is objective: it is sufficient to prove the damage and the causal link, without the need to demonstrate fault or negligence (art. 32 Law 40/2015). However, in cases of force majeure or when the damage is not unlawful (for example, if the injured party had a legal duty to bear it), the administration may be exempt. In cases of serious administrative errors, liability may be nuanced depending on the presence of intent or negligence.
Indicative compensation amounts
- Falls in public spaces: between €3,000 and €30,000, depending on the severity of injuries and aftereffects.
- Administrative errors: compensation between €5,000 and €50,000, depending on the economic and personal harm suffered.
Procedure in Alcobendas: Steps and Requirements
1. Mandatory prior administrative claim
The process always begins with a claim to the Alcobendas City Council (C/ Joaquín Rodrigo, 3, 28100 Alcobendas), submitting all documentation proving the damage, causal link, and financial assessment. The resolution period is six months; if there is no response within this period, the claim is deemed rejected by administrative silence (art. 91 Law 39/2015).
2. Administrative court appeal
If the claim is expressly or tacitly dismissed, an administrative court appeal can be filed before the competent Administrative Court in Madrid or, in certain cases, before the TSJ of Madrid. The deadline for filing the appeal is two months from the notification of the decision or from the date of presumed rejection by silence.
3. Expert evidence and consultative opinion
Expert medical or technical evidence is essential to prove the existence and extent of the damage. We collaborate with independent medical experts for objective assessment of injuries and losses. Furthermore, when the claimed compensation exceeds €50,000, an opinion from the Council of State or the Consultative Council of the Community of Madrid is required, depending on the amount and nature of the damage.
Why choose our law firm in Alcobendas
Our team has proven experience in defending claims for patrimonial liability against the Alcobendas City Council and other administrations in the Community of Madrid. We are familiar with the practice of the local administrative courts and the doctrine of the TSJ of Madrid on administrative liability. We offer face-to-face care in Alcobendas and online, adapting to each client's needs. The initial consultation is without obligation, to assess the case's viability and advise on the next steps.
