Liability of Public Administration in Leganés: How to Claim Against the City Council and Public Entities
In Leganés, claims for liability against the City Council and other public administrations are a common reality. Residents frequently turn to the courts due to falls on poorly maintained sidewalks, unrepaired potholes, damage from lack of upkeep of urban furniture, or deficiencies in municipal and regional public services. The Leganés City Council and the competent administrations may be held liable for damages in these situations, as established by current legislation.
Courts and competent bodies in Leganés
Claims for damages against the Leganés City Council or other public entities are first processed before the responsible administrative body. If the administrative procedure does not resolve the claim favorably, the next step is to bring the case before the Contentious-Administrative Courts of Madrid, since Leganés falls within their judicial district. In cases of particular relevance or high amount, the matter may reach the High Court of Justice of Madrid (TSJM), which reviews appeals in administrative law matters.
Legal requirements for liability: legal basis and indicative amounts
Public liability is regulated by Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations and Law 40/2015, of October 1, on the Legal Regime of the Public Sector. Article 67.1 of Law 39/2015 sets a one-year deadline to file a claim from the date of the damage or when its harmful effect becomes apparent.
- Effective, assessable, and individualized damage: The harm must be real, quantifiable, and personally affect the claimant.
- Causal relationship: It is essential to prove that the damage derives directly and exclusively from the normal or abnormal functioning of a public service.
- Normal or abnormal functioning: Liability may arise whether the service operated incorrectly or, even if it functioned correctly, caused damage that the citizen is not legally obliged to bear.
Objective liability means that it is enough to prove the damage and the causal link, without the need to demonstrate fault or negligence on the part of the Administration. However, there are exceptions—for example, damages caused by force majeure or risks that must be assumed by the victim—in which negligent action must be proven (subjective liability).
In Leganés, compensation amounts usually range, as a guideline, between 3,000 and 30,000 euros for injuries due to falls in public spaces, and between 5,000 and 50,000 euros for serious administrative errors, always depending on the severity of the damage and the supporting expert evidence.
Procedure: steps to claim in Leganés
- Prior administrative claim: It is mandatory to submit a claim to the responsible administrative body (e.g., Leganés City Council) within one year from the event causing the damage.
- Administrative silence: If there is no express resolution within six months, it is considered rejected by negative silence, allowing recourse to the courts.
- Contentious-administrative appeal: If the claim is rejected, the deadline to file an appeal with the Contentious-Administrative Courts is two months from notification of the resolution or from the administrative silence.
- Expert evidence: It is customary and, in most cases, essential to provide a medical or technical expert report to prove the damage and its causal link.
- Consultative opinion: If the claimed amount exceeds 50,000 euros, it is mandatory to request an opinion from the Council of State or, at the regional level, from the Consultative Council of the Community of Madrid.
In these proceedings, experience in administrative litigation and knowledge of local practice in Leganés and Madrid are key to effectively defending the claimant's interests.
Why choose our law firm in Leganés
Our team has extensive experience handling public liability claims against the Leganés City Council and other public administrations. We are familiar with the realities of municipal and regional services in the area and the practices of local courts and the High Court of Justice of Madrid. We offer in-person service in Leganés as well as online assistance, tailored to each client's needs. We work with independent medical experts to support claims for personal and material damages.
The no-obligation initial consultation allows us to assess the legal viability of your case, guide you on the next steps, and inform you about the possibilities of obtaining fair compensation according to the applicable legal framework.
