Patrimonial Liability in Málaga: When Can You Claim Against the Local Administration?
In Málaga, patrimonial liability of the Administration is a crucial legal mechanism to seek compensation for damages caused by municipal or regional public services. Typical cases in the city include falls on public streets due to loose paving stones or potholes, injuries resulting from lack of maintenance in parks, accidents related to urban transport, or administrative errors in licensing and local tax procedures.
Competent Authorities in Málaga
Claims against the Málaga City Council must first be submitted to the municipal administration. If the response is unsatisfactory or there is administrative silence, the Administrative Courts of Málaga, located in the Ciudad de la Justicia (C/ Fiscal Luis Portero García, s/n, 29010 Málaga), have jurisdiction. For higher-value or more complex cases, the High Court of Justice of Andalusia, based in Málaga, will be competent at the appeal stage.
Legal Requirements: When Is the Administration Liable?
Article 67.1 of Law 39/2015 specifies that the following elements must be met for a patrimonial claim to succeed:
- Effective, quantifiable, and individualized damage: The harm must be real, specific, and monetarily assessable. For instance, injuries from a street fall or material damage to vehicles.
- Causal link: It is essential to prove that the damage directly resulted from the normal or abnormal functioning of a public service. In Málaga, lack of maintenance of sidewalks or street furniture is a frequent example.
- Normal or abnormal functioning of the service: The Administration is liable not only for failures but also for ordinary functioning if it causes damages that citizens are not legally obliged to bear.
- One-year time limit: Article 67.1 of Law 39/2015 sets a one-year deadline from the occurrence of the damage or the manifestation of its consequences to file a claim.
Objective and Subjective Liability
In Spanish administrative law, patrimonial liability is generally objective; it is sufficient to prove the damage and causal link, without needing to establish fault or negligence. Only in exceptional circumstances (discretionary acts or force majeure) is a subjective assessment required.
Indicative Compensation Amounts
The amounts recognized by Málaga courts vary depending on the severity and circumstances of the case:
- Falls in public areas: Between €3,000 and €30,000, depending on the injury and degree of temporary or permanent incapacity.
- Administrative errors causing financial loss: Between €5,000 and €50,000, especially in cases of wrongful denial of licenses, undue charges, or proven property damage.
Procedure: Essential Steps in Málaga
1. Mandatory Prior Administrative Claim
The process begins with a claim before the responsible authority (e.g., Málaga City Council). Exhausting the administrative route is required before going to court. The administration has six months to respond. If no response is received within this period, it is considered dismissed by administrative silence (Art. 24 Law 39/2015).
2. Administrative Court Appeal
If the claim is dismissed (expressly or tacitly), an appeal can be filed before the Administrative Courts of Málaga within two months from notification or from the date of presumed dismissal.
3. Expert Evidence and Consultative Opinion
Expert evidence is essential to prove both the existence of damage and the causal link. We work with independent medical experts for the assessment of injuries and aftereffects. If the claimed amount exceeds €50,000, the administration must seek the opinion of the Andalusian Consultative Council before deciding (Art. 81 Law 39/2015).
Why Choose Our Firm in Málaga
We have extensive experience in patrimonial liability proceedings against local and regional administrations in Málaga. Our team has in-depth knowledge of the practices of the Administrative Courts and the High Court of Justice of Andalusia, enabling us to tailor each case according to local jurisprudence. We offer in-person and online service from Málaga and a no-obligation initial consultation to assess the viability of your claim.
