Public Administration Liability in Las Palmas de Gran Canaria: Your Right to Fair Compensation
The Las Palmas de Gran Canaria City Council and other public authorities in the city can be held liable for damages caused by the normal or abnormal operation of public services. In Las Palmas de Gran Canaria, typical liability cases often involve falls due to poorly maintained sidewalks, potholes, accidents in public spaces, or harm resulting from municipal services. Administrative errors in urban planning or sanctioning procedures also generate compensation claims.
Where to File a Claim in Las Palmas de Gran Canaria?
Claims against the City Council must initially be submitted to the municipal headquarters, either through the electronic office or in person. If judicial action becomes necessary, the Contentious-Administrative Courts of Las Palmas de Gran Canaria and, for higher amounts, the Contentious-Administrative Section of the Canary Islands High Court of Justice (Plaza de San Agustín 6, 35071) are the competent bodies.
Legal Requirements for Liability
Public administration liability is regulated by Articles 32 and following of Law 40/2015, as well as the procedure established in Law 39/2015. For a claim to succeed, the following requirements must be met:
- Actual, assessable, and economically compensable damage: Mere discomfort or inconvenience is insufficient; the harm must be real and quantifiable.
- Existence of a causal link between the administrative action (or inaction) and the damage suffered.
- Normal or abnormal operation of the public service: The damage may arise from either incorrect operation or even regular activity if it causes harm that citizens are not legally obliged to bear.
- Time limit for claims: The deadline is one year from when the damage occurs or from its healing or stabilization (Art. 67.1 Law 39/2015).
The Supreme Court and the Canary Islands High Court of Justice have clarified that liability is objective: there is no need to prove fault or negligence, only that the above requirements are met. However, in certain cases (e.g., medical acts), a technical assessment of the foreseeability or inevitability of the damage may be required.
Indicative Compensation Figures
In Las Palmas de Gran Canaria, compensation for falls in public areas usually ranges between €3,000 and €30,000, depending on the severity of the injuries and any aftereffects. Administrative errors causing financial losses can lead to compensation of €5,000 to €50,000, depending on proven damage and causation.
Procedure: Key Steps to Claim
- Mandatory prior administrative claim: Submit this to the responsible authority, including all supporting documentation: medical reports, expert opinions, photographs, witness statements, etc.
- Administrative silence: If six months pass with no response, the claim is considered dismissed by silence (Art. 24 Law 39/2015).
- Contentious-administrative appeal: If the claim is dismissed or unanswered, a lawsuit can be filed before the Contentious-Administrative Courts of Las Palmas de Gran Canaria within two months of the notification or presumed dismissal.
- Expert evidence: It is common—and in practice, essential—to have an independent medical or technical expert report proving the existence, seriousness, and cause of the damage. We work with independent medical experts who can participate in the judicial phase.
- Opinion of the Canary Islands Advisory Council: If the amount claimed exceeds €50,000, a report from the regional advisory body is required before the administration decides.
Electronic filing is available through the Las Palmas de Gran Canaria City Council's electronic office. For judicial proceedings, the City of Justice, located at Calle Málaga, 2, houses the contentious-administrative courts.
Why Choose This Firm in Las Palmas de Gran Canaria
Our firm has extensive experience handling claims against the City Council and other authorities in Las Palmas de Gran Canaria. We are familiar with the practices of the local Contentious-Administrative Courts and the Canary Islands High Court of Justice, enabling us to offer advice tailored to the city’s reality and the criteria of the regional High Court. We offer in-person and online services to suit each client's needs. No-obligation initial consultation.
