Public Liability Claims in Gandia: How to Claim Against the Town Hall and Public Administration
In Gandia, everyday life can be disrupted by issues such as falls on poorly maintained pavements, damage caused by potholes, or administrative errors by the Town Hall. Claims for public liability against local or regional authorities are common, especially against the Gandia Town Hall, whose main office is in Plaça Major. Decisions can be reviewed by local courts or, ultimately, by the High Court of Justice of the Valencian Community.
Where are these proceedings handled in Gandia?
Claims against the administration in Gandia are usually first addressed to the Town Hall (Plaça Major, Gandia). If the administrative route fails, the case may be brought before the administrative courts, which in Gandia are located at C/ Ciutat de Laval, 1, 46700 Gandia (as per official records: Civil Section of the Court of Instance of Gandia). For high-value or particularly complex cases, proceedings may reach the High Court of Justice of the Valencian Community, the competent body for appeals in this field.
Typical public liability cases in Gandia
- Falls due to loose tiles or poorly maintained pavements in central neighbourhoods or near schools.
- Damage from road potholes, especially on routes to industrial estates or residential areas.
- Losses from interruptions in municipal water, electricity, or other public services.
- Administrative errors affecting licences, taxes, or urban planning files.
Legal framework: When is the Administration liable?
Public liability is mainly regulated by articles 32 and following of Law 40/2015, with procedure set by Law 39/2015. For a claim to succeed, the following requirements must be met:
- Actual, economically assessable, and individualised damage: Mere discomfort is not enough; the damage must be real and quantifiable.
- Causal link between the damage and the operation of a public service, whether by action or omission.
- Normal or abnormal functioning of the public service: The administration can be liable even if it acted correctly, except in cases of force majeure.
The deadline for filing a claim is 1 year from the date the damage occurred or its harmful effects became apparent (art. 67.1 Law 39/2015).
Objective and subjective liability
The general rule is objective liability: it is sufficient that there is unlawful damage and a causal connection, without needing to prove fault or negligence by the administration. Only in very specific situations (discretionary powers, force majeure) is further evidence required.
Indicative compensation amounts
- Falls on public roads (pavements, potholes): Compensation usually ranges from €3,000 to €30,000, depending on the severity of injuries and recovery time.
- Administrative error (e.g., licences, taxes, penalties): Amounts can range from €5,000 to €50,000, depending on the financial impact and loss of profit.
Procedure: Steps to claim in Gandia
- Mandatory prior administrative claim: Submitted to the Gandia Town Hall or the responsible authority. The body has 6 months to decide; if there is no response, the claim is deemed rejected due to negative administrative silence.
- Appeal to the Administrative Courts of Gandia: If the claim is rejected, you have 2 months to file an administrative court appeal. These courts are located at C/ Ciutat de Laval, 1.
- Expert evidence: Independent medical experts are often engaged to assess the existence and extent of the damage.
- Mandatory opinion: If the amount claimed exceeds €50,000, an opinion from the Valencian Community Legal Advisory Council is required before a decision is made.
Why choose our law firm in Gandia?
We have proven experience handling public liability claims against the Gandia Town Hall and other local authorities. We are familiar with the practice of the local administrative courts and the High Court of Justice of the Valencian Community, allowing us to anticipate evidentiary requirements and damage assessment criteria most commonly applied in the area.
We offer in-person service in Gandia as well as online support, adapting to each client's needs, and collaborate with independent medical experts for objective damage assessment. Request your no-obligation initial consultation to analyse the viability of your case and defend your rights to obtain fair compensation in accordance with the legal guidelines.
