Public Authority Liability in Mataró: What You Need to Know for an Effective Claim
Mataró, as the capital of its comarca in Barcelona province, is home to municipal and regional public services that can give rise to situations of public authority liability. Common cases in the area include falls due to poorly maintained sidewalks, road potholes, damage caused by public works, deficiencies in health or educational services, and administrative errors. The Mataró City Council, through its digital office (https://www.mataro.cat), processes these claims in the administrative phase. If no solution is reached, the contentious-administrative courts located at Plaça Francisco Tomás y Valiente s/n, 08302 Mataró, are the competent local courts. For high-value or complex claims, the High Court of Justice of Catalonia may be the appellate instance.
Legal requirements for a claim: public authority liability under Spanish law
Public authority liability is mainly regulated by Article 32 of Law 40/2015 and Article 67.1 of Law 39/2015. The following requirements must be met for a claim to succeed:
- Actual, economically assessable and individualized damage: The harm must be proven (e.g. injuries after a fall in a public street or financial loss due to a municipal error).
- Direct causal link between the damage and the normal or abnormal operation of the public service. It is essential to prove that the damage would not have occurred without the administrative action.
- Normal or abnormal functioning of the service: The administration is liable whether the damage results from incorrect actions or from ordinary operations that cause unjustified harm.
The period for filing a claim is one year from the moment the damage occurs or becomes apparent, as set out in Article 67.1 of Law 39/2015.
Objective versus subjective liability and reference compensation amounts
Liability of the public administration is generally objective. There is no need to prove fault or negligence—only the above requirements. In certain cases (such as damages resulting from discretionary acts), intent or fault may be required.
In practice before the courts of Mataró and the province of Barcelona, compensation for falls in public spaces typically ranges between €3,000 and €30,000, depending on the severity of injuries and specific circumstances. For administrative errors with serious financial consequences (e.g. wrongful denial of licenses, errors in tax records), compensation may range from €5,000 to €50,000, always based on expert reports and official scales.
Procedure: mandatory administrative claim and court proceedings
- Mandatory prior administrative claim: This is required. The claim must be filed with the responsible authority (e.g. Mataró City Council), including all medical documentation, invoices, expert reports and evidence of the damage and its causal link. If the administration does not respond within six months, the claim is considered rejected by administrative silence (Article 91, Law 39/2015).
- Contentious-administrative court appeal: If the response is negative or there is a rejection by silence, you may appeal to the contentious-administrative courts of Mataró within two months of notification or the expiration of the six-month period.
- Expert evidence: Independent medical or technical experts are commonly used to assess injuries or material damage.
- Mandatory advisory opinion: If the requested compensation exceeds €50,000, an opinion from the Catalan Advisory Council or the Council of State is required.
Why choose our firm in Mataró
We have extensive experience in claims against local and regional public authorities, with in-depth knowledge of the practices of Mataró's courts and the High Court of Justice of Catalonia. Our services cover both the administrative phase and court defense, working with independent medical experts to support claims. We offer in-person appointments in Mataró as well as online services, adapting to clients' needs. No-obligation initial consultation to assess your case and outline the next steps.
