Patrimonial Liability of the Administration in Dos Hermanas: Key Legal and Procedural Aspects
Dos Hermanas, as one of the largest municipalities in Seville, frequently sees situations where individuals suffer damages due to the actions of the local or regional administration. Typical cases in the area include falls caused by poorly maintained sidewalks, accidents due to potholes, vehicle damage from lack of urban maintenance, or harm resulting from the malfunctioning of municipal public services. The Dos Hermanas City Council and its services are responsible for the upkeep of public roads and spaces, and any deficiency may give rise to claims for patrimonial liability.
Competent Courts in Dos Hermanas and the Andalusia High Court
Claims for patrimonial liability in Dos Hermanas, after the administrative stage, may be brought before the Administrative Courts in Seville, with the High Court of Justice of Andalusia (TSJA) acting as the appellate body. Relevant judicial venues in Dos Hermanas include the Courts of First Instance and Instruction located at C/ Nuestra Señora del Carmen, 6 (Postal Code 41701).
Legal Requirements for Filing a Claim
The Law 39/2015 on Common Administrative Procedure and Law 40/2015 on the Legal Regime of the Public Sector set the framework for administrative liability. To succeed in a claim, it is essential to prove:
- Actual, economically assessable, and individualized damage: There must be a specific, quantifiable harm, not just a risk or inconvenience.
- Causal link between the damage and the administrative action: It must be shown that the harm results directly from an action or omission by the Administration (e.g., a fall caused by a poorly maintained municipal sidewalk).
- Normal or abnormal functioning of the public service: The Administration is liable whether the damage arises from abnormal functioning (negligence, lack of maintenance) or, in certain cases, even from normal functioning, under the principle of objective liability.
- One-year deadline from the occurrence of the damage (Article 67.1 Law 39/2015): This is a strict limitation period. Failure to file the claim within this period extinguishes the right to compensation.
Objective liability means that in most cases, it is not necessary to prove fault or negligence, only the damage and causal link. However, in some cases—such as medical acts or complex decisions—subjective liability applies, requiring proof of fault.
Indicative Compensation Amounts in Dos Hermanas
Compensation amounts vary according to the seriousness of the harm and the responsible entity. For example, falls in public streets typically result in compensation between €3,000 and €30,000, depending on the injuries and duration of incapacity. In cases of administrative errors (loss of documents, wrongful denial of licenses), amounts may range from €5,000 to €50,000, depending on the proven financial loss.
Procedure: Key Steps in Dos Hermanas
The process for claiming against the Dos Hermanas City Council or any other administration involves specific stages:
- Mandatory prior administrative claim: Must be filed with the responsible authority (e.g., the City Council). All supporting documents (medical reports, invoices, photographs, etc.) and, where appropriate, an independent expert report should be submitted.
- Administrative silence: If there is no response within 6 months, the claim is deemed rejected by silence (Art. 91 Law 39/2015).
- Contentious-administrative proceedings: If the claim is expressly or tacitly rejected, a legal challenge may be filed with the Administrative Courts of Seville within 2 months of notification or silence.
- Expert evidence: Judicial proceedings usually require expert evidence (medical, architectural, etc.) to prove the harm and its link to the administrative action. We collaborate with independent medical experts to substantiate claims.
- Opinion of the Andalusian Consultative Council: For claims exceeding €50,000, an opinion from the regional Consultative Council is required before a decision is made.
Why Choose Our Firm in Dos Hermanas
We have experience handling claims for administrative liability against the City Council and other public bodies in Dos Hermanas, with up-to-date knowledge of the practices of the Administrative Courts of Seville and the Andalusia High Court. We offer in-person service in Dos Hermanas and online assistance to facilitate proceedings. In the no-obligation initial consultation, we assess the legal viability of the case and advise on the steps to take and the necessary documentation, always in accordance with current regulations and relevant case law.
If you have suffered harm due to a public service in Dos Hermanas, we are ready to defend your rights and pursue fair compensation under the applicable legal guidelines.
