Administrative Liability in Móstoles: Claims Against Local and Regional Authorities
In Móstoles, administrative liability affects many residents who suffer damages arising from the operation of public services. The City Council of Móstoles, with an electronic office at https://www.mostoles.es/SEDE_ELECTRONICA/es, is the most frequently claimed entity locally, along with the Community of Madrid.
The most common claims in Móstoles concern falls due to poor pavement conditions and potholes, accidents in parks, deficiencies in health or educational services, and damages caused by administrative errors such as lost planning files or unjustified delays in licenses. These cases are usually processed first by the municipal legal department and, if unsuccessful, by the Contentious-Administrative Courts of Móstoles, located at Calle Luis Jiménez de Asúa, s/n, 28931 Móstoles. For high-value claims or appeals, the competent body is the High Court of Justice of Madrid.
Legal Basis and Specific Requirements
Administrative liability is mainly regulated by Law 39/2015 on Common Administrative Procedure and Law 40/2015 on the Legal Regime of the Public Sector. To succeed, a claim must prove:
- The existence of actual, economically assessable, and individualized damage. For instance, physical injuries after a fall on public roads, or economic loss due to an administrative action.
- Causal link between the (normal or abnormal) operation of the public service and the damage suffered. This is common in Móstoles with loose paving stones, unmarked potholes, or lack of maintenance in public spaces.
- One-year deadline from when the damage occurs or becomes known to file a claim (Art. 67.1 Law 39/2015). For personal injuries, the period starts from healing or stabilization of sequelae.
Objective liability means it is not necessary to prove fault or negligence by the Administration; it is sufficient that the damage is a direct result of the service's operation. Subjective liability requires evidence of intent or gross negligence, less frequent locally except in clear administrative errors.
Indicative figures from case law and administrative practice:
- Injuries from falls on public roads in Móstoles: compensation typically ranges from €3,000 to €30,000, depending on the severity and recovery time.
- Administrative errors: compensation may range from €5,000 to €50,000, depending on the economic loss and impact on fundamental rights.
Procedure: Key Steps to Claim
Claims for administrative liability in Móstoles must follow a mandatory preliminary administrative procedure:
- Prior administrative claim: submitted to the City Council of Móstoles or the relevant regional body. It must include a description of the event, the amount claimed, and supporting documents (medical reports, photographs, invoices, etc.).
- Administrative silence: if no decision is issued within 6 months, the claim is deemed rejected by silence (Art. 91 Law 39/2015).
- Contentious-administrative appeal: if the claim is expressly or tacitly rejected, there is a 2-month period to appeal before the Contentious-Administrative Courts of Móstoles, at C/ Luis Jiménez de Asúa, s/n, 28931. For claims exceeding €50,000, an opinion from the Council of State or the Consultative Council of the Community of Madrid is required.
- Expert evidence: in court, it is common to submit reports from independent medical experts to justify the existence and amount of the damage.
The process can be carried out in person at the General Registry of the City Council or via the municipal electronic office. It is important to keep proof of submission and all supporting documents.
Why Choose Our Law Firm in Móstoles
We have extensive experience handling administrative liability claims against the City Council of Móstoles and the Community of Madrid. Our team is highly familiar with the practices of local administrative and judicial bodies, as well as the criteria of the High Court of Justice of Madrid regarding compensation. We collaborate with independent medical experts for the objective assessment of physical and material damages. We offer in-person and online assistance from Móstoles and a no-obligation initial consultation to assess the viability of your claim.
If you have suffered harm due to a public service in Móstoles, we will defend your rights to obtain fair compensation in accordance with legal standards and applicable case law.
