Patrimonial Liability of Public Administration in Madrid: How to Claim Damages
In Madrid, situations involving the patrimonial liability of the Administration are common, particularly in the urban areas managed by the Madrid City Council. Incidents such as falls due to poorly maintained sidewalks, injuries from potholes, damages arising from public services (cleaning, transport, street lighting), or losses from administrative errors frequently occur in the city.
Jurisdiction of Madrid Courts
Claims for damages against local or regional administrations must, if not successful in the administrative phase, be brought before the Administrative Courts of Madrid. These courts are located at Calle Gran Vía, 12, 28013 Madrid and Plaza de Castilla, 1, 28046 Madrid. For significant claims or appeals, the Administrative Chamber of the Superior Court of Justice of Madrid (Calle General Castaños, 1, 28004 Madrid) has jurisdiction.
Common Cases in Madrid
- Injuries from falls on damaged sidewalks or loose paving stones, especially in central and historic districts.
- Injuries caused by potholes or lack of maintenance on streets.
- Damages due to malfunctioning municipal services (public transport, sanitation, waste collection, street lighting).
- Losses caused by administrative errors of the City Council or the Community of Madrid.
Legal Requirements: When Is the Administration Liable?
Patrimonial liability is regulated by Law 39/2015, of October 1, on Common Administrative Procedure and Law 40/2015, on the Legal Regime of the Public Sector. Liability requires the following:
- Actual, economically assessable, and individualized damage: The harm must be real, quantifiable, and affect a specific person.
- Direct causal link: The damage must result from the action or omission of the Administration, whether due to normal or abnormal operation of the public service.
- Service operation: Can be normal (e.g., a fall on a sidewalk not visibly damaged but with a hidden construction defect) or abnormal (broken tile, unmarked pothole, unjustified delay in a file).
Time limit for claims
Article 67.1 of Law 39/2015 sets a one-year period from the date of the incident or the manifestation of its consequences to file the claim.
Objective vs. Subjective Liability
In most cases, the Administration's liability is objective: it is sufficient to prove the damage and the causal relationship, without needing to demonstrate negligence. However, in services entailing inherent risks or force majeure, fault may be required.
Indicative Compensation Figures in Madrid
- For falls in public areas: €3,000 to €30,000, depending on the severity of injuries and after-effects (based on Madrid court rulings).
- For administrative errors: €5,000 to €50,000, depending on the economic loss and personal or professional impact.
Procedure: Steps to Claim in Madrid
1. Mandatory Administrative Claim
- Must be submitted to the competent body of Madrid City Council or the Community of Madrid.
- The file requires documentary evidence of the damage, the causal link, and, in most cases, expert reports (medical, technical, or financial). We work with independent medical experts to properly assess injuries.
- If the claim exceeds €50,000, an opinion from the Consultative Council of the Community of Madrid is mandatory (art. 81 Law 39/2015).
2. Deadlines and Administrative Silence
- The Administration has 6 months to decide. If there is no response, administrative silence is considered a rejection (art. 91 Law 39/2015).
3. Judicial Review (Administrative Court)
- If the claim is expressly or tacitly rejected, the judicial route is open before the Administrative Courts of Madrid.
- The period to file is 2 months from notification of the resolution or from the presumed rejection (art. 46 LJCA).
4. Judicial Proceedings
- Expert evidence is essential (medical assessments, technical reports, etc.).
- The Court may order further inquiries and, in complex cases, request a report from the Consultative Council.
Why Choose Our Law Firm in Madrid
We have extensive experience representing individuals and companies in patrimonial liability claims against the Madrid City Council, the Community of Madrid, and other public entities. Our knowledge of the procedures and criteria of the Administrative Courts of Madrid and the Superior Court of Justice of Madrid allows us to develop the optimal legal strategy.
- Face-to-face appointments in Madrid (office visits) and online assistance for your convenience.
- No-obligation initial consultation to assess the viability of your case and advise on required documentation.
- We defend your rights to obtain fair compensation according to the applicable scale and prevailing case law in Madrid courts.
