Administrative Liability in Santa Cruz de Tenerife: Local and Legal Keys
In Santa Cruz de Tenerife, claims for administrative liability against local or regional authorities are a common legal route when citizens suffer damages due to the normal or abnormal operation of public services. The City Council of Santa Cruz de Tenerife, headquartered in the city, is the usual body addressed in such claims when the damage originates from municipal responsibilities such as the maintenance of sidewalks, roads, or public spaces. The competent Administrative Courts of First Instance are located at Calle Áurea Díaz Flores, 13 (Courts 1 to 4), and higher value appeals may reach the Administrative Chamber of the High Court of Justice of the Canary Islands, located at Plaza San Francisco.
Typical Cases in Santa Cruz de Tenerife
The most frequent cases in the city include falls due to poorly maintained sidewalks—particularly in central areas and neighborhoods with deteriorated pavement—accidents caused by potholes or deficiencies in road signage, as well as damages resulting from administrative errors in procedures such as licenses, fines, or urban planning. Claims are also common for personal or material damages linked to public services (cleaning, waste collection, street lighting, etc.).
Legal Value: Requirements and Compensation Criteria
Law 39/2015, of October 1st, on the Common Administrative Procedure of Public Administrations, and Law 40/2015, of October 1st, on the Legal Regime of the Public Sector, set out the requirements that must be met for a claim to succeed:
- Effective, assessable, and individualized damage that there is no legal obligation to bear.
- Direct causal link between the damage and the normal or abnormal operation of the public service.
- The damage must be attributable to an administrative action by the relevant authority (City Council, Cabildo, or Government of the Canary Islands).
The deadline for filing a claim is one year from the occurrence of the damage or from the date of healing, according to Article 67.1 of Law 39/2015. In Spain, administrative liability is generally objective: it is not necessary to prove fault or negligence, only the damage and the causal relationship. However, in certain cases—such as damages caused by force majeure or actions not inherent to the public service—an assessment of fault may be required.
Indicative Compensation Figures in Santa Cruz de Tenerife
- For falls in public areas (sidewalks, potholes): between €3,000 and €30,000, depending on the severity of injuries and after-effects.
- For administrative errors (e.g., annulment of sanctions, wrongly denied permits): from €5,000 to €50,000, depending on the economic or personal harm caused.
Practical Procedure in Santa Cruz de Tenerife
1. Mandatory Prior Administrative Claim
The claim must be filed with the City Council of Santa Cruz de Tenerife or the public entity responsible for the damage. The application should include:
- Detailed description of the facts and damages suffered.
- Supporting documents (medical reports, invoices, photographs, police reports, etc.).
- Economic quantification of the harm.
The Administration has a maximum of 6 months to decide. If no response is given within this period, the claim is deemed rejected by negative administrative silence, allowing the claimant to go to court.
2. Administrative Court Appeal
If the administrative claim is expressly or tacitly denied, a judicial appeal may be filed with the Administrative Courts of Santa Cruz de Tenerife within 2 months of notification or from the administrative silence.
3. Expert Evidence and Advisory Opinion
In complex cases, it is common to submit an expert report—e.g., medical or damage assessment. We collaborate with independent medical experts to support the evidence of damage and causality. When the amount claimed exceeds €50,000, it is mandatory to request an opinion from the Canary Islands Advisory Council.
Why Choose This Law Firm in Santa Cruz de Tenerife
We have proven experience handling administrative liability claims against the City Council of Santa Cruz de Tenerife, the Island Council, and the Government of the Canary Islands. Our knowledge of local court practice and the High Court of Justice enables us to provide rigorous advice and anticipate the specific procedural aspects of the province. We offer face-to-face attention in Santa Cruz de Tenerife and online services for your convenience. No-obligation initial consultation.
