Public Administration Liability in Barcelona: What You Need to Know
In Barcelona, individuals may suffer damages caused by public services managed by local authorities. The Barcelona City Council, headquartered in Plaça de Sant Jaume, is responsible for municipal services. If you experience harm—such as a fall due to poorly maintained sidewalks in Eixample, a traffic accident caused by an unmarked pothole in Gràcia, or injuries from lack of maintenance in public facilities—the claim must be addressed to the responsible administration.
Where are these claims processed in Barcelona?
Claims for public administration liability are filed with the Barcelona City Council or the relevant public body. If the administrative claim is denied or not resolved, the matter is brought before the Administrative Courts of Barcelona, located in the City of Justice (Gran Via de les Corts Catalanes, 111, 08075 Barcelona). For higher amounts or appeals, the High Court of Justice of Catalonia (Passeig Lluís Companys, 14-16) has jurisdiction.
Common cases in the city
In Barcelona, the most frequent cases of public administration liability include:
- Falls caused by loose tiles or poorly maintained sidewalks in neighborhoods such as Raval or Sant Andreu.
- Damages from unmarked potholes on main roads like Gran Via or Diagonal.
- Injuries in municipal sports facilities due to lack of maintenance.
- Administrative errors in urban planning, licensing, or registration files.
Legal value: requirements and indicative amounts
Key elements for a successful claim
To succeed in a public administration liability claim in Barcelona, the requirements set by Law 40/2015 and Law 39/2015 must be met:
- Effective, assessable, and individualized damage: The harm must be concrete and demonstrable, whether economic, physical, or moral.
- Causal relationship: The damage must result directly from the normal or abnormal functioning of the public service.
- Normal or abnormal service operation: Both inadequate performance (e.g., lack of sidewalk maintenance) and regular performance may lead to compensation, according to the principle of objective liability.
- Time limit for claims: Article 67.1 of Law 39/2015 sets a 1-year period from the date the damage occurs or its final consequences appear.
Objective vs. subjective liability
Spanish public administration liability is generally objective: there is no need to prove fault or negligence, only the existence of damage and its causal link to the public service. However, in certain cases (such as police or healthcare actions), courts may require proof of fault or intent (subjective liability).
Indicative compensation amounts in Barcelona
- Fall in public space: Compensation typically ranges from €3,000 to €30,000, depending on the severity of injuries and lasting effects.
- Administrative errors: In urban planning or licensing cases, amounts can range from €5,000 to €50,000, depending on the proven economic loss.
Procedure: key steps in Barcelona
1. Mandatory administrative claim
The first step is to file a claim with the Barcelona City Council or the responsible agency. This claim must include all supporting evidence: medical reports, photographs, police reports, invoices, etc. The general resolution period is 6 months. If there is no response, the claim is considered denied by negative administrative silence.
2. Judicial review (Administrative Court)
If the administrative claim is unsuccessful, a judicial review can be filed before the Administrative Courts at the City of Justice in Barcelona. The time limit is 2 months from the notification of the decision or from the moment of administrative silence.
3. Expert evidence and consultative opinion
Expert medical reports are often required to prove injuries and consequences, as well as technical reports for material damages. For claims exceeding €50,000, the case must be referred to the Catalan consultative body for a mandatory opinion, in accordance with regional regulations.
Why our Barcelona law firm
Our team has extensive experience handling public administration liability claims against Barcelona public bodies. We are familiar with the practices of the City of Justice Courts and the High Court of Justice of Catalonia, and we work with independent medical experts to substantiate each case. We offer in-person assistance in Barcelona as well as online consultations to suit your needs. You can request a no-obligation initial consultation to assess the viability of your claim and receive tailored advice based on local case law and applicable regulations.
