Public Liability Claims in Castelldefels: Seeking Compensation for Damages Caused by the Administration
In Castelldefels, residents may experience damages resulting from the operation of local public services, such as falls due to poorly maintained sidewalks, road potholes, or deficiencies in municipal services. The Castelldefels Town Hall, located at Plaza de la Iglesia, 1 (08860 Castelldefels), is responsible for many of these services. The process for public liability claims may involve initial steps before the Justice of the Peace Court (Carrer de l'Església, 46, 08860 Castelldefels) or, if escalated, proceedings before the Administrative Courts of Barcelona or the High Court of Justice of Catalonia (TSJCat), depending on the amount and subject matter.
Common cases in Castelldefels: damages from public services
In Castelldefels, the most frequent public liability cases relate to falls on public streets caused by loose paving stones, accidents due to potholes, damage from lack of maintenance in municipal facilities, or harm resulting from administrative errors (such as mistakes in local licenses, registers, or tax management). If the legal requirements are met, these situations may give rise to compensation claims.
Legal requirements for public liability: real legal value
Public liability of the Administration is regulated by Law 39/2015 (Art. 67.1) and Law 40/2015. For a claim to succeed, the following requirements must be met:
- Effective, assessable, and individualized damage: The harm must be real and economically quantifiable.
- Causal relationship: There must be a direct link between the functioning (normal or abnormal) of the public service and the damage suffered.
- Functioning of the public service: The damage may arise from either abnormal (negligence, omission) or normal operation (when the harm should not be borne individually).
- Time limit for claims: The general deadline to initiate a claim is 1 year from the occurrence of the damage or from the date of recovery or determination of the extent of the harm (Art. 67.1 Law 39/2015).
Public liability is, in principle, objective: proving fault or negligence is not necessary—only the damage and its causal link must be demonstrated. However, in certain cases (such as force majeure), the Administration may be exempt from liability.
Indicative compensation amounts
Based on judicial and administrative experience:
- For falls on public streets in municipalities like Castelldefels, compensation awards generally range from €3,000 to €30,000, depending on the severity of injuries and economic loss.
- In cases of administrative error, such as unjust denial of a benefit or mistaken registration in local records, compensation may range from €5,000 to €50,000.
These figures are indicative and depend on expert assessment and the specifics of each case.
Claim procedure in Castelldefels
Claims for public liability against the Castelldefels Town Hall must follow a specific administrative procedure:
- Mandatory prior administrative claim: This is required and should be filed at the registry (in person at Plaza de la Iglesia, 1, or via the municipal online portal). The Town Hall has 6 months to resolve the claim. If there is no response within this period, the claim is deemed rejected by administrative silence.
- Administrative court appeal: If the claim is expressly or tacitly rejected, an appeal may be lodged with the Administrative Courts of Barcelona within 2 months from notification or silence.
- Expert evidence: Independent medical or technical reports are commonly used to prove the damage and its causal relationship.
- Mandatory advisory opinion: When the compensation sought exceeds €50,000, an opinion from the Council of State or the relevant regional advisory body is required before an administrative decision can be issued.
Knowledge of local regulations and the practice of the Catalan courts is crucial for effective representation in these cases.
Why choose our law firm in Castelldefels
Our firm has specific experience with public liability claims against public authorities, both before the Castelldefels Town Hall and in proceedings before the High Court of Justice of Catalonia. We offer both in-person and online consultations in Castelldefels. We collaborate with independent medical experts to assess damages and are committed to defending your rights to obtain fair compensation under the applicable legal framework. The no-obligation initial consultation is an opportunity to analyse the feasibility of your claim and outline the next steps.
