Administrative Liability in Bilbao: Claiming Fair Compensation for Damages Caused by Public Services
Bilbao, as the capital of Bizkaia, features intense administrative activity and a wide network of municipal and regional public services. The Bilbao City Council is responsible for managing public roads, pavements, street lighting, sports facilities, and educational centers, among others. The Contentious-Administrative Courts and the High Court of Justice of the Basque Country (TSJPV), both located at C/ Barroeta Aldamar, 10, 48001 Bilbao, are the competent judicial bodies to resolve administrative liability claims when the administrative route does not provide a satisfactory solution.
Real examples of administrative liability in Bilbao
In Bilbao, the most common cases of liability claims relate to falls caused by poorly maintained pavements, potholes in the road, accidents in playgrounds, damages from public works, errors in municipal or regional administrative procedures, and damages from deficient functioning of health services provided by Osakidetza (Basque Health Service).
Legal basis: requirements and compensation amounts
Administrative liability is governed mainly by Articles 32 and following of Law 40/2015 and Article 67.1 of Law 39/2015. For a claim to be successful, it is essential to prove:
- Actual, economically quantifiable, and individualized damage: The harm must be real, not just an inconvenience or expectation.
- Causal link: The damage must be a direct result of the normal or abnormal functioning of a public service (for example, a fall due to loose tiles on Bilbao’s Gran Vía, or lack of maintenance in a municipal park).
- No force majeure or exclusive fault of the victim: If the damage is attributable to the claimant (such as crossing outside a pedestrian crossing), the Administration may be exempt from liability.
Liability is objective, meaning negligence or intent by the Administration is not required, except in specific cases (such as damages from judicial actions).
Regarding compensation amounts typically awarded by courts in Bilbao and the Basque Country, compensation for falls in public spaces usually ranges between €3,000 and €30,000, depending on the severity of the injuries and recovery time. Administrative errors causing economic harm may result in compensation from €5,000 to €50,000, depending on the scope of the damage and losses incurred.
Claim procedure: steps, deadlines, and competent bodies in Bilbao
The process to demand compensation always starts with a prior administrative claim before the responsible authority (Bilbao City Council, Bizkaia Provincial Council, Basque Government, etc.). The deadline for submitting the claim is one year from the date of the incident or from the date the extent of the injury is determined, as stated in Article 67.1 of Law 39/2015.
The Administration has six months to respond. If there is no express answer, the claim is considered rejected by administrative silence (Art. 91.3 Law 39/2015). If rejected, either expressly or tacitly, a contentious-administrative appeal may be filed before the courts in Bilbao within two months.
For claims exceeding €50,000, a report from the Council of State or the regional consultative body is mandatory before a decision is made, which may extend the process.
Expert medical or technical reports are crucial to prove the existence and extent of the damage. In Bilbao, we regularly work with independent medical experts to support the claim.
Why choose our law firm in Bilbao
Our firm has extensive experience in administrative liability claims against the Bilbao City Council, the Provincial Council, and the Basque Government. We are familiar with the practices of the contentious-administrative courts of Bilbao and the TSJPV, as well as local case law (claims due to accidents in the Old Town, municipal works, public services, or urban planning errors).
We offer in-person service in Bilbao (just minutes from the courts at Barroeta Aldamar, 10) and online assistance for those who prefer telematic management. The initial consultation is no-obligation: we assess the viability of your case with objective legal criteria and transparency.
