Patrimonial Liability of the Administration in Cáceres: How to Claim with Legal Certainty
In Cáceres, actions by the City Council or other public administrations can sometimes cause harm to individuals as a result of the operation of public services. The most common cases in the city include falls due to poorly maintained sidewalks, injuries from potholes in the roads, damages arising from errors in municipal services management, or harm caused by defects in public facilities. Claims are typically filed against the Cáceres City Council or, in more complex cases, before the Regional Government of Extremadura or the General State Administration. If the administrative process does not resolve the claim, the Contentious-Administrative Courts of Cáceres (Avda. de la Hispanidad, s/n, 10002 Cáceres) and, if necessary, the Chamber for Contentious-Administrative Matters of the High Court of Justice of Extremadura (Plaza de la Audiencia, s/n) are the competent bodies to adjudicate these disputes.
Legal Requirements: When is the Administration Liable?
Patrimonial liability of the Administration is mainly regulated by Article 32 of Law 40/2015 and Article 67.1 of Law 39/2015. For a claim to succeed, the following requirements must be met:
- Effective, economically assessable, and individualized harm. Hypothetical or general damages are not compensated.
- Direct causal link between the (normal or abnormal) operation of the public service and the harm suffered.
- Normal or abnormal operation of the service: the administration is liable whether there is a manifest error or the harm occurs despite apparently correct action.
- One-year term from the date the event occurred or its damaging effects became evident (Art. 67.1 Law 39/2015).
Objective liability means it is not necessary to prove fault or negligence by the administration: it is sufficient to prove the damage and the causal link. However, in certain cases (such as damages arising from legislative acts or force majeure), the existence of fault or intent is required (subjective liability).
In Cáceres, compensation awarded for falls on public roads usually ranges from €3,000 to €30,000, depending on the severity of injuries and other factors. Administrative errors causing financial losses may result in compensation from €5,000 to €50,000 or more, depending on the extent of the harm.
Procedure: Steps to Claim in Cáceres
The process always begins with a mandatory prior administrative claim before the responsible body (for example, the Cáceres City Council). It is essential to provide all supporting documentation (medical reports, expert opinions, photographs, witnesses) and to quantify the damage suffered.
- The administration has 6 months to respond. If there is no express response within that period, the claim is considered rejected by administrative silence.
- For claims over €50,000, an opinion from the Council of State or, at the regional level, the Consultative Council of Extremadura is required.
- If the administrative decision is negative (express or presumed), the next step is to file a contentious-administrative appeal before the courts of Cáceres within 2 months from notification or from the silence.
- During the judicial process, expert evidence is essential to prove the extent of the damage and the causal link. Our firm works with independent medical experts who can provide the necessary reports.
In the courts of Cáceres, practice demands rigorous preparation of the administrative file and proper assessment of damages, as the case law of the High Court of Justice of Extremadura is particularly strict regarding proof of the causal link and compensable amount.
Why Choose Our Firm in Cáceres
Our firm has extensive experience handling patrimonial liability claims against the Cáceres City Council and other public administrations in the province. We have in-depth knowledge of the practices of the contentious-administrative courts in the city and the approaches of the High Court of Justice of Extremadura in this area.
We offer in-person consultations in Cáceres and also online advice for those unable to attend in person. We defend your rights with legal rigor and transparency, working with independent medical experts to substantiate every claim. The no-obligation initial consultation allows you to understand your options before starting any procedure.
If you have suffered harm due to the operation of public services in Cáceres, contact our firm to analyze your specific case and defend your rights to obtain fair compensation according to the legal scale.
