Administrative Liability in Coslada: Practical Guide
In Coslada, residents may suffer damages resulting from the operation of municipal or regional public services. The Coslada City Council is responsible for the management of public roads, sidewalks, parks, and certain local services. Common incidents in the municipality include falls due to poorly maintained sidewalks (loose tiles, potholes), injuries from lack of maintenance in parks, accidents in municipal sports facilities, or losses due to administrative errors in processing files (such as urban planning licenses or traffic fines).
Judicial Jurisdiction in Coslada
Claims for administrative liability against the Coslada City Council or the Community of Madrid, after exhausting administrative channels, are heard by the administrative courts of Madrid, as Coslada does not have a specialized court for these matters. The address of Coslada's courts is Calle Colombia, 29, 28820 Coslada, but contentious-administrative proceedings are conducted before courts in Madrid city. For higher-value or more complex cases, the High Court of Justice of Madrid (TSJ) is the competent authority in second instance or for specific situations.
Legal Requirements for Administrative Liability
The main applicable regulations are Law 39/2015 (Article 67.1) and Law 40/2015. For a claim to succeed, it is essential to prove:
- Actual, economically assessable, and individualized damage: The harm must be real, not hypothetical or general.
- Causal link between the damage and the normal or abnormal operation of the public service.
- Normal or abnormal operation of the public service: It is not necessary to prove fault or negligence; it is enough that the damage directly results from the public service.
- Claim period: 1 year from when the damage occurs or becomes apparent (Art. 67.1 Law 39/2015).
Regarding strict liability, the Administration is liable even without fault if the legal requirements are met. In cases of force majeure or unclear causation, subjective criteria apply (fault or negligence must be proven).
Indicative Compensation Figures in Coslada
The amount of compensation depends on the seriousness of the damage and the evidence provided. For example, in cases of falls on public roads in municipalities similar to Coslada, courts typically award compensation ranging from €3,000 to €30,000, depending on the severity of injuries, aftereffects, and circumstances of the accident. In cases of administrative errors (such as unjustified denial or delay in granting licenses), compensation may range from €5,000 to €50,000, depending on the proven economic harm.
Procedure: Key Steps in Coslada
- Mandatory prior administrative claim: Must be filed with the Coslada City Council or the relevant department of the Community of Madrid. Administrative channels must be exhausted before going to court.
- Resolution period: The Administration has six months to decide. Administrative silence means the claim is rejected (Art. 91 Law 39/2015).
- Contentious-administrative appeal: If the claim is expressly or tacitly rejected, you have two months to file an appeal with the administrative courts of Madrid.
- Expert evidence: It is essential to provide medical or technical reports to prove the existence and extent of the damage. Our firm works with independent medical experts to strengthen the claim.
- Consultative Council opinion: For claims exceeding €50,000, the Administration must seek a mandatory opinion from the State Council or the Consultative Council of the Community of Madrid.
Why choose our firm in Coslada
We have extensive experience handling claims for administrative liability against the Coslada City Council and the Community of Madrid. Our practical knowledge of the administrative courts of Madrid and the High Court of Justice of Madrid allows us to provide rigorous and personalized legal representation. We offer face-to-face service in Coslada as well as online support, ensuring comprehensive management of your procedure. We provide a no-obligation initial consultation to assess your case's viability and advise you on the next steps.
