Public Liability Claims against the Administration in Castellón de la Plana: How to Seek Compensation for Damages
Castellón de la Plana features extensive public infrastructure and municipal services, which, as in any city, may occasionally cause damage to individuals due to administrative actions or omissions. Typical cases in the locality include falls caused by defective sidewalks, potholes in public roads, accidents related to poor maintenance of parks, and damages resulting from administrative errors in urban planning or social services files.
The initial administrative body responsible for processing such claims is the Castellón de la Plana City Council. If no response is received or the claim is rejected, the Contentious-Administrative Courts of Castellón de la Plana, located at Bulevar Blasco Ibáñez, 10 (12003 Castellón de la Plana), have jurisdiction, as does, in certain cases, the relevant Section of the Superior Court of Justice of the Valencian Community. Local court practice shows that most liability claims focus on injuries and property damage caused by the state of public roads or municipal services.
Key Legal Elements of Public Liability under Spanish Law
Law 39/2015, of October 1, on Common Administrative Procedure, establishes in Article 67.1 a one-year period to file a public liability claim. The essential requirements for a successful claim are:
- Actual, economically assessable, and individualized damage: Mere possibility of damage is not sufficient; the existence of real and quantifiable harm must be proven.
- Causal link between the damage and the operation of public services: It is necessary to demonstrate that the harm directly results from administrative action, whether through normal or abnormal functioning.
- Normal or abnormal functioning of the public service: Liability may arise even if the Administration acts correctly (normal) or incorrectly (abnormal), as long as the damage is not one the individual is legally required to endure.
Objective liability (Article 106.2 of the Spanish Constitution and Supreme Court case law) means there is no need to prove fault or negligence by the Administration, only the existence of damage and the causal link. In contrast, subjective liability requires evidence of intent or negligence in the administrative action.
In practice, compensation amounts for falls on public roads in Castellón de la Plana typically range from €3,000 to €30,000, depending on the severity of the injuries, while administrative errors may result in compensation from €5,000 to €50,000, depending on actual financial loss.
Procedure: Steps, Deadlines, and Authorities in Castellón de la Plana
The process always begins with a mandatory prior administrative claim before the body allegedly responsible (usually the Castellón de la Plana City Council). The deadline to file this claim is one year from when the damage occurred, or from the date of healing or determination of the extent of the damage. If the Administration does not respond within six months, the claim is deemed rejected due to administrative silence, opening the way for judicial proceedings.
After an explicit decision or presumed rejection, the next step is to file a contentious-administrative lawsuit before the Contentious-Administrative Courts of Castellón de la Plana, within two months from the notification or the moment silence becomes effective. It is common for expert evidence to be required to prove the damage and its causal link, and independent medical experts are often involved in cases of bodily injury.
For claims exceeding €50,000, the administrative file must be referred to the Council of State or, where appropriate, to the Legal Advisory Council of the Valencian Community for a mandatory opinion, as required by Law 40/2015 on the Legal Regime of the Public Sector.
Why Choose Our Firm in Castellón de la Plana
We have extensive experience handling public liability claims against local and regional administrations in Castellón de la Plana, with in-depth knowledge of the practice of the city's Contentious-Administrative Courts and the Superior Court of Justice of the Valencian Community. Our lawyers offer face-to-face service at our office in Castellón de la Plana as well as online consultations to meet our clients' needs.
We regularly collaborate with independent medical experts to properly assess damages and defend our clients' interests. In all cases, we defend your rights to obtain fair compensation in accordance with the legal scale. We offer a no-obligation initial consultation to assess the viability of your public liability claim.
