Patrimonial Liability of the Administration in Sabadell: Claim a Fair Compensation
The Sabadell City Council is responsible for managing public services and maintaining infrastructure such as sidewalks, roads, and urban furniture. In the city, incidents such as falls due to loose tiles, potholes in public roads, damages from trees, or deficiencies in cleaning and waste collection services are not uncommon. Claims also arise from administrative errors in managing permits, taxes, or urban planning procedures. When these events cause economically assessable damages, it is possible to demand patrimonial liability from the Administration.
Competent Courts and Reference Bodies in Sabadell
Claims for patrimonial liability in Sabadell are initially processed before the City Council itself. If the administrative process does not resolve the matter favorably, the case may be brought before the Contentious-Administrative Court of Sabadell, located at Avda. Francesc Macià, 34-36, Torre 1, Eix Macià, 08208 Sabadell. For appeals or matters of special importance, the High Court of Justice of Catalonia (TSJCat) is the competent higher instance.
Legal Requirements for Patrimonial Liability: What You Need to Know
Patrimonial liability of the Administration is regulated by Law 39/2015 and Law 40/2015. For a claim to be successful, it is essential to prove:
- Effective, economically assessable, and individualized damage: It is not enough to claim abstract harm; it must be specified (for example, medical bills, work leave, repair costs).
- Causal link between the functioning of the public service (normal or abnormal) and the damage caused. It must be demonstrated that the damage would not have occurred without the administrative action.
- Claim deadline: Article 67.1 of Law 39/2015 establishes a 1-year period from when the damage occurred or its extent became known to file the claim.
Patrimonial liability is objective, meaning it does not require proving fault or negligence by the Administration, but only the existence of damage and the causal relationship. However, in cases of force majeure or when the damage was foreseeable and avoidable by the claimant, the Administration may be exonerated.
In Sabadell, indicative compensation amounts vary depending on the severity and circumstances: for example, a fall in a public area can lead to compensation between €3,000 and €30,000, while a significant administrative error can range between €5,000 and €50,000, always depending on the evidence and applicable case law.
Procedure for Claiming Patrimonial Liability in Sabadell
- Mandatory prior administrative claim: It must be submitted to the competent body of the Sabadell City Council, detailing the facts, quantifying the damage, and providing evidence (medical reports, photographs, witnesses, etc.).
- Administrative silence: If 6 months pass without a decision, the claim is considered rejected (Article 91 Law 39/2015), allowing access to the courts.
- Contentious-administrative appeal: It must be filed before the Contentious-Administrative Court of Sabadell within 2 months from the notification of the express resolution or from administrative silence.
- Expert evidence: It is common to require independent medical experts to assess bodily harm or specialists to quantify material damages.
- Mandatory opinion: If the claim amount exceeds €50,000, it is mandatory to obtain an opinion from the Catalonia Advisory Council before a resolution (Article 81 Law 40/2015).
The case law of the High Court of Justice of Catalonia and the Supreme Court requires rigorous proof of the causal link and the actual extent of the damage. Practice shows that thorough preparation of the claim and proper submission of evidence are decisive for the success of the procedure.
Why Choose Our Firm in Sabadell
Our team has extensive experience in claims for patrimonial liability against Public Administrations in Sabadell and Barcelona. We are familiar with the assessment criteria of the local Contentious-Administrative Courts and the High Court of Justice of Catalonia, and we collaborate with independent medical experts to defend your rights and seek fair compensation in accordance with the legal scale. We offer in-person attention in Sabadell (Avda. Francesc Macià, 34-36, Torre 1) and also online to suit your needs.
The initial consultation is without obligation: we will analyze your case, deadlines, and the feasibility of the claim with complete transparency and rigor.
