Public Liability Claims Against the Administration in Granada: Claims Against the City Council and Other Public Authorities
Granada, with its City Council located in the historic center and an extensive network of municipal public services, often sees liability claims for damages caused by public services. The Administrative Courts based at Plaza Nueva, 8, 18009 Granada and the High Court of Justice of Andalusia (TSJA) are the competent judicial bodies for these disputes when the administrative route does not provide a satisfactory solution.
Typical Cases in Granada: Sidewalks, Potholes, and Public Services
In Granada, the most frequent public liability cases involve falls on public streets (damaged sidewalks, potholes, loose tiles), injuries caused by poor maintenance of parks or urban furniture, errors in municipal services management (such as census, licenses, or fines), or deficiencies in public healthcare. The unique characteristics of the historic center and busy pedestrian neighborhoods increase the frequency of such incidents.
Key Legal Aspects: Requirements and Typical Compensation Amounts
For a public liability claim against the Granada City Council or any other authority to succeed, the requirements established by Law 39/2015 and Law 40/2015 must be met:
- Actual, economically assessable, and individualized damage (Art. 32.1 Law 40/2015): The damage must be real and quantifiable, not just hypothetical.
- Causal link between the functioning (normal or abnormal) of the public service and the damage suffered.
- No force majeure or exclusive fault of the victim.
The law establishes a 1-year deadline from the occurrence of the damage to file a claim (Art. 67.1 Law 39/2015).
Regarding compensation, local court precedents in Granada and the TSJA usually set awards ranging from €3,000 to €30,000 for public falls (depending on injury severity) and €5,000 to €50,000 for administrative errors causing economic or personal damages.
Objective vs. Subjective Liability
In Spain, public liability is generally objective: it is enough to prove the damage and its causal link with administrative action, without needing to prove intent or fault. However, in cases involving risky public services, courts may require stricter analysis of causation or shared fault.
Procedure: Mandatory Administrative Claim and Judicial Route in Granada
The process to claim public liability in Granada requires first filing a mandatory administrative claim with the competent body (City Council, Provincial Council, Andalusian Health Service, etc.). This claim must be filed within 1 year from the occurrence or stabilization of the damage.
- The Administration has up to 6 months to resolve the claim. If there is no response, it is considered rejected by negative administrative silence (Art. 91 Law 39/2015).
- The express resolution or silence allows the filing of a judicial administrative appeal before the Granada courts (Plaza Nueva, 8), within 2 months from notification or silence.
- For claims over €50,000, a mandatory opinion from the Andalusian Consultative Council is required before resolution.
- Expert evidence (medical or technical) is essential to prove the existence, extent, and economic valuation of the damage. We work with independent medical experts to support your claim.
Why Choose Our Firm in Granada
We have specific experience handling public liability claims in Granada against both the City Council and other authorities. We are thoroughly familiar with the practices of the Administrative Courts at Plaza Nueva and the TSJ of Andalusia regarding damage assessment, expert evidence, and legal requirements. We offer in-person consultations in Granada and online services for clients residing anywhere in the city or province. Request your no-obligation initial consultation to analyze your case and outline the steps to follow.
