Administrative Liability in Fuenlabrada: Claiming Fair Compensation
Fuenlabrada, as one of the most populous municipalities in the Community of Madrid, has a high level of administrative activity and an extensive network of public services. It is not uncommon for individuals to suffer damages caused by the normal or abnormal operation of municipal, regional, or national services. Typical cases in Fuenlabrada include falls due to poorly maintained sidewalks, potholes in the roadway, accidents in public sports facilities, as well as harm resulting from administrative errors or delays in essential public services.
Where are these matters resolved in Fuenlabrada?
Claims for administrative liability against the Fuenlabrada City Council or other public bodies must first be addressed to the responsible administration. If the claim is not favorably resolved, the next step is to file a lawsuit before the Administrative Litigation Courts. In Fuenlabrada, these courts are located at Calle Rumanía, 2, 28943 Fuenlabrada, where the various courts of first instance and instruction are based. For higher-level appeals, the competent superior court is the Superior Court of Justice of Madrid (TSJM), based in Madrid.
Legal requirements for administrative liability
Claims for administrative liability are regulated by Law 39/2015 and Law 40/2015. For a claim to succeed, the following must be proven:
- Effective, economically assessable, and individualized damage. Potential or future damages are not compensable.
- Direct causal link between the damage and the normal or abnormal operation of the public service.
- The damage must not be due to force majeure, nor should the affected party be legally obliged to bear it.
The general deadline to claim is one year from the occurrence of the damage or from the date of full recovery or definitive determination (Article 67.1 of Law 39/2015).
Objective vs. subjective liability
Spanish administrative law generally applies the principle of objective liability: it is sufficient to prove the damage and the causal link, without the need to demonstrate fault or negligence. However, in some areas (such as healthcare), it may be necessary to prove culpable or negligent conduct.
Indicative compensation figures
Based on judicial practice in the Community of Madrid and Fuenlabrada courts, compensation for falls in public areas usually ranges between €3,000 and €30,000, depending on the severity of injuries and after-effects. For administrative errors causing significant financial or personal harm, amounts can range between €5,000 and €50,000, depending on the extent of the damage and the evidence provided.
Procedure: steps to claim in Fuenlabrada
- Mandatory prior administrative claim: This must be filed with the Fuenlabrada City Council or the responsible authority. It should include a description of the damage, its quantification, medical or expert documentation, and justification of causality.
- Administrative silence: If there is no explicit decision within six months, the claim is deemed dismissed by negative administrative silence.
- Administrative litigation appeal: After express or presumed dismissal, a lawsuit can be filed before the Fuenlabrada administrative litigation court within two months of notification or presumed dismissal.
- Expert evidence: This is essential to prove the damage and the causal link. We work with independent medical experts to technically support the claim.
- Consultative opinion: For claims exceeding €50,000, a mandatory opinion from the Council of State or the regional consultative body is required, which may extend resolution times.
Experience and service in Fuenlabrada
Our firm has extensive experience handling administrative liability claims in Fuenlabrada and before the administrative courts of the Community of Madrid. We are familiar with local and regional decision-making practices, allowing us to assess each case's viability from the initial meeting. We offer in-person and online consultations in Fuenlabrada to suit each client's needs. The first consultation is without obligation, during which we analyze your documentation and advise on the most appropriate strategy in accordance with applicable regulations and case law.
