Administrative Liability in Telde: How to Claim with Legal Certainty
The Telde City Council and other public entities may cause damages to individuals due to the operation of public services. In Telde, claims for administrative liability frequently arise from falls on public roads due to poor pavement or potholes, as well as from deficiencies in municipal services. The Telde City Council's electronic office (https://telde.sedelectronica.es/) allows for the submission of documents and requests, streamlining the administrative process.
Competent Courts and Review Bodies
If a claim is not resolved favorably at the administrative stage, the procedure may continue before the Contentious-Administrative Courts based in Las Palmas. For matters exceeding certain amounts or requiring further review, the High Court of Justice of the Canary Islands (TSJC) is the competent judicial body. In Telde, the First Instance Courts are located at Calle Párroco Hernández Benítez, 10, 35200 Telde, although contentious-administrative jurisdiction is centralized in the provincial capital.
Common Cases in Telde
- Falls on public roads due to loose tiles, damaged sidewalks, or potholes.
- Damages from poor maintenance of parks, sports facilities, or urban furniture.
- Administrative errors causing economic or personal damage (e.g., unjustified license denials or delays in processing).
Legal Value: Requirements and Guideline Amounts
Administrative liability is regulated by Articles 32 and following of Law 40/2015 and Article 67.1 of Law 39/2015. To succeed, a claim must meet the following requirements:
- Existence of actual, economically assessable, and individualized damage (mere annoyance or hypothetical damage is insufficient).
- Causal link between the damage and the normal or abnormal operation of public services. That is, it must be proven that the damage derives directly from an action or omission by the administration.
- The damage must not be due to force majeure nor must the claimant be legally obliged to bear it.
The general deadline to file a claim is 1 year from the date the event occurred or the damage became apparent (Art. 67.1 Law 39/2015).
Objective vs. Subjective Liability
In most cases, administrative liability is objective: it is enough to prove the damage and the causal link, without needing to prove fault. Only in exceptional cases (e.g., force majeure or intentional acts) is intent or negligence required.
Guideline Amounts in Telde
- Fall on public roads: Compensation ranges between €3,000 and €30,000 depending on severity, consequences, and medical expenses.
- Administrative error: Between €5,000 and €50,000 depending on the economic loss and the significance of the error.
Procedure for Claiming in Telde
- Mandatory prior administrative claim: The administrative route is required before going to court. A written claim must be submitted to the responsible authority (e.g., Telde City Council), attaching all relevant documentation and evidence (medical reports, police records, photographs, etc.).
- Resolution period: The administration has 6 months to decide. Lack of response is considered a denial.
- Judicial route: If the claim is denied or not resolved within the deadline, a contentious-administrative appeal can be filed before the competent courts in Las Palmas within 2 months from notification or from the presumed denial.
- Expert evidence: It is common to submit reports from independent medical experts to prove the damage and causal link.
- Mandatory opinion: If the claimed amount exceeds €50,000, an opinion from the Council of State or the Canary Islands Consultative Council is required.
Why Choose Our Firm in Telde
We have experience handling administrative liability claims against public entities, with in-depth knowledge of procedural practice before the courts and the High Court of Justice of the Canary Islands. We offer in-person service in Telde as well as online assistance, making our services accessible to both local residents and those outside the area. The no-obligation initial consultation allows us to assess the viability of your claim and provide guidance on documentation and next steps.
