Administrative Liability in Getxo: Practical and Legal Keys
The Getxo Town Hall, located in the province of Bizkaia, is responsible for the management and maintenance of various public services, including the condition of sidewalks, street cleaning, signage, and public lighting. Residents of Getxo who suffer damages as a result of abnormal—or even normal—functioning of these services may initiate a claim for administrative liability against the local authority. Typical cases in the area include falls due to loose or damaged paving stones, accidents caused by potholes, injuries resulting from defective urban furniture, or damages caused by municipal public services.
Judicial competence in Getxo and reference courts
Claims for administrative liability against the Getxo Town Hall are first presented to the local authority itself. If the administrative claim does not succeed, the competent judicial authority is the Administrative Court. In Bizkaia, these courts are based in Bilbao, not Getxo. For high-value cases or appeals, the Superior Court of Justice of the Basque Country, located in Vitoria-Gasteiz, is the reference court. The address of the Getxo courts, where other preliminary proceedings or notifications may be handled, is C/ Los Fueros, 10, 48990 Getxo, Bizkaia.
Legal requirements for administrative liability
Administrative liability is regulated by Law 39/2015 and Law 40/2015. For a claim to succeed, the following must be proven:
- Actual, assessable, and individualized damage: The harm must be real and specific, not hypothetical or general.
- Causal link between the operation of the public service and the damage suffered. It is necessary to show that the damage was a direct consequence of the normal or abnormal operation of the municipal service (for example, a poorly maintained sidewalk under the responsibility of Getxo Town Hall).
- Absence of force majeure and no legal obligation for the claimant to bear the damage.
The period to file a claim is one year from the occurrence of the damage or from the healing or determination of the extent of the injuries, according to Article 67.1 of Law 39/2015.
Objective and subjective liability
In most cases, administrative liability is objective: it is sufficient to prove the damage and the causal link, without needing to prove fault or negligence. Only in very specific cases (such as damages from hazardous activities) is subjective liability considered. In practice, falls on public roads in Getxo are usually resolved under objective criteria, as long as the maintenance of the road is the responsibility of the Town Hall and the defect is proven.
Indicative compensation amounts
The amount of compensation depends on the severity of the damage and the circumstances of the case. For example, a fall on a public road in Getxo may result in compensation ranging from €3,000 to €30,000, depending on the severity of the injuries. For administrative errors (such as unjustified denial of licenses or unjustified delays), amounts may range from €5,000 to €50,000, according to the case law of the Supreme Court and the Superior Court of Justice of the Basque Country.
Procedure: essential steps in Getxo
- Prior administrative claim: Must be filed with the Getxo Town Hall within one year. The file usually requires documentary, witness, and, in most cases, expert reports (e.g., from an independent medical expert) certifying the causal link and the extent of the damages.
- Administrative silence: If six months pass without an explicit resolution, the claim is considered rejected by administrative silence (Art. 91 Law 39/2015).
- Administrative court appeal: Once the administrative claim is rejected, the claimant has two months to file a claim before the Administrative Court in Bilbao.
- Mandatory opinion from the Advisory Council: If the compensation sought exceeds €50,000, the file must be referred to the Basque Advisory Council for a mandatory opinion, as per Law 40/2015.
Throughout the process, the burden of proof lies with the claimant, who must prove both the damage and the causal link. Collaboration with independent medical experts is common to assess injuries and damages.
Why trust our law firm in Getxo
Our team has extensive experience handling administrative liability claims against local and regional authorities in Bizkaia. We are familiar with the practice of the Administrative Courts and the Superior Court of Justice of the Basque Country, allowing us to anticipate evidentiary criteria and deadlines. We offer both in-person and online consultations in Getxo, adapting to each client's needs. In the no-obligation initial consultation, we analyze the legal feasibility of the case and provide guidance on the necessary steps, required documentation, and the possibilities of success according to the current legal scale.
