Administrative Liability in Paterna: What You Need to Know
In Paterna, administrative liability (responsabilidad patrimonial) applies to both individuals and businesses who suffer damages resulting from the operation of public services. The Paterna City Council is directly responsible in cases involving the public domain, such as falls due to defective sidewalks, potholes, municipal park hazards, or issues in public sports and cultural facilities. Damages may also arise from administrative errors in licensing, taxation, or social service management.
Competent bodies in Paterna
The initial claim must be filed with the Paterna City Council. If the claim is rejected—either explicitly or by administrative silence after six months—the next step is to file an appeal before the contentious-administrative courts. In Paterna, these courts are located at Av. Vicente Mortes Alfonso, 114 (CP 46980). For significant claims or appeals, the Superior Court of Justice of the Valencian Community (TSJCV) may become involved, especially in matters of regional interest or higher monetary thresholds as defined by law.
Typical cases in Paterna
Common claims in Paterna include falls on public sidewalks due to loose tiles, traffic accidents caused by road defects, vehicle damage from poorly marked municipal works, and damages from delays in planning or urban management. Claims may also arise from errors in the handling of social aid or local tax collection.
Legal value: requirements and indicative amounts
Legal requirements for claiming
Administrative liability is regulated mainly by Articles 32 and following of Law 40/2015 and by Article 67.1 of Law 39/2015. For a claim to succeed, it is essential to prove:
- Actual, economically quantifiable and individualized damage: The harm must be substantiated, whether physical, material, or moral.
- Causal link: There must be a direct connection between the administration's action (or inaction) and the harm suffered.
- Normal or abnormal functioning of the public service: Liability may arise from both normal and abnormal functioning if the damage is unlawful.
- One-year deadline to file a claim from the date the damage occurs or becomes apparent.
Objective vs. subjective liability
Administrative liability in Spain is mainly objective: it is not necessary to prove fault or negligence, only the damage and the causal relationship. However, in cases of force majeure or hazardous activities, the burden of proof may differ, and Supreme Court jurisprudence requires a specific analysis.
Indicative compensation amounts
- For a fall in a public space: between €3,000 and €30,000, depending on the severity of injuries and aftereffects.
- For administrative errors: between €5,000 and €50,000, depending on the extent of the harm and the impact on the claimant's rights or property.
These figures may vary based on expert assessment and the applicable compensation schedules.
Procedure: stages and deadlines
Mandatory prior administrative claim
The process begins with a claim before the Paterna City Council, attaching all supporting documents (medical reports, invoices, photographs, etc.). The administration has six months to respond. Failure to respond within this period is deemed a rejection (Art. 67.2 Law 39/2015).
Contentious-administrative appeal
If no satisfactory response is obtained, a contentious-administrative appeal can be filed before the Paterna court within two months from notification of the explicit decision or from presumed dismissal. Claims exceeding €50,000 require a report from the Legal Advisory Council of the Valencian Community.
Expert evidence
Expert evidence is essential to prove both the existence and the amount of damage. We work with independent medical experts for injury assessment and technical experts for material damages.
Why choose this law firm in Paterna
Our experience with administrative liability cases against local and regional administrations enables us to offer an approach tailored to Paterna's reality and the practice of Valencia's courts. We are familiar with the TSJCV's criteria and the documentary requirements demanded by Paterna City Council. We offer both in-person and online consultations in the city. No-obligation initial consultation: we will assess your case's viability and the next steps.
