Public Liability in Gijón: Claim Fair Compensation for Damages Caused by the Administration
In Gijón, public liability cases involving the local administration are common, especially those related to poorly maintained pavements, potholes, damage from public services (transport, cleaning, lighting), or serious administrative errors affecting residents. The Gijón City Council is responsible for keeping municipal roads and services in good condition. When damage occurs due to abnormal—or even normal—operation of a public service, the injured party may be entitled to compensation under Law 39/2015.
Competent Authorities in Gijón
Claims must initially be filed with the Gijón City Council, either via its Electronic Headquarters (https://sedeelectronica.gijon.es/) or in person at its offices. If the administrative claim is unsuccessful, the Administrative Courts of Gijón, located at Pza. Decano Eduardo Ibaseta, 1, 33207, Gijón, have first-instance jurisdiction over these matters. Appeals are handled by the High Court of Justice of Asturias, seated in Oviedo.
Common Liability Cases in Gijón
- Falls due to defective pavements or potholes: Very common in urban areas and compensable if a causal link between the damage and the service defect is proven.
- Damage from defective public services: For example, accidents in parks, municipal transport, or errors in license or tax management.
- Administrative errors: Wrongful denial of social aid, improper sanctions, or unjustified delays in proceedings.
Legal Requirements for Public Liability
Law 39/2015 (Common Administrative Procedure) establishes the following requirements for public liability:
- Actual, assessable, and individualized damage: Mere inconvenience is not enough; concrete loss must be proven.
- Causal relationship: The damage must directly result from administrative action (normal or abnormal service functioning).
- No force majeure or exclusive fault of the victim.
- One-year time limit from the occurrence or manifestation of the damage to file a claim (Art. 67.1 Law 39/2015).
Public liability is generally strict (objective): proving fault is not required, only the damage and the causal link. In certain cases (e.g., hazardous activities), a higher standard of diligence may be demanded. The Supreme Court and the High Court of Justice of Asturias have set these criteria in numerous judgments.
Indicative Compensation Amounts
- Falls in public spaces in Gijón: Compensation typically ranges from €3,000 to €30,000 depending on the severity of injuries and their impact on daily life.
- Serious administrative errors: Amounts can range from €5,000 to €50,000, depending on the financial and moral damage suffered.
These amounts are indicative and require case-by-case assessment, usually through independent medical or technical expert reports.
Procedure for Claiming Public Liability in Gijón
- Mandatory prior administrative claim: Must be addressed to the responsible administration. Can be filed via the municipal electronic headquarters or in person.
- Time limit: 1 year from the damaging event or from the manifestation of its consequences (Art. 67.1 Law 39/2015).
- Administrative silence: If there is no response within 6 months, the claim is considered rejected.
- Administrative court appeal: If the claim is denied or rejected by silence, a lawsuit may be filed with the Administrative Courts of Gijón within 2 months of notification or silence.
- Expert evidence: Independent medical experts commonly assess personal injuries. For claims exceeding €50,000, a report from the Consultative Council of the Principality of Asturias is required.
The process requires proper evidence (photos, medical reports, witnesses, technical reports) and analysis of relevant case law from the High Court of Asturias. In practice, defending these cases in Gijón demands knowledge of local municipal services and the workings of the local courts.
Why Choose Our Firm in Gijón
We have extensive experience representing clients in public liability claims against the Gijón City Council and other public bodies. We are familiar with the practices of the administrative courts in the city and the case law of the High Court of Justice of Asturias concerning compensation. We offer both in-person and online services, adapting to client needs. We work with independent medical experts to substantiate personal injury claims. We provide a no-obligation initial consultation to assess the merits of your case and advise you on the required documentation and next steps.
