Administrative Liability in Torremolinos: Claim for Damages Caused by Public Authorities
In Torremolinos, administrative liability is particularly relevant due to the frequent occurrence of claims arising from falls on public streets, potholes, damaged sidewalks, and failures in municipal services. The Torremolinos Town Hall, with its online portal at torremolinos.sedelectronica.es, is the main authority for most of these claims when the damage occurs locally. To litigate against municipal rejections or inaction, the judicial route is through the administrative courts in Málaga province and, ultimately, the High Court of Justice of Andalusia (TSJA).
Typical Cases of Administrative Liability in Torremolinos
The most common scenarios in the area include:
- Falls due to poor sidewalk conditions (loose paving stones, unmarked irregularities, lack of maintenance in pedestrian areas).
- Potholes and road defects causing vehicle damage or injuries to motorcyclists and cyclists.
- Failure or inadequate provision of public services (for example, garbage collection, street cleaning, public lighting).
- Administrative errors in the processing of licenses, improperly notified sanctions, or unjustified delays in municipal procedures.
In these situations, knowledge of the functioning of local courts, located at Avda. Palma de Mallorca, 24 and 39, 29620 Torremolinos, is essential for effective legal representation.
Legal Value: Requirements and Indicative Amounts
Administrative liability is governed by articles 32 and following of Law 40/2015, with the procedure regulated by Law 39/2015. The requirements for entitlement to compensation are:
- Actual, economically assessable, and individualized damage. General discomfort or unproven damages are not compensated.
- Direct causal link between the (normal or abnormal) functioning of the public service and the damage suffered.
- Normal or abnormal functioning of the Administration. Fault is not required, except in cases of force majeure.
- One-year time limit from the occurrence or manifestation of the damage (art. 67.1 Law 39/2015).
Case law from the Supreme Court and the High Court of Justice of Andalusia establishes that administrative liability is objective: it is sufficient that the damage is a direct consequence of administrative activity, without the need to prove fault by public employees, except in cases of force majeure or damages that the claimant was obliged to bear.
Indicative compensation amounts, based on judicial scales and recent administrative decisions:
- Fall on public roads due to poor sidewalk or pothole conditions: between €3,000 and €30,000, depending on the severity of the injuries and recovery time.
- Serious administrative error (e.g., unjustified denial of a license): from €5,000 to €50,000, depending on the proven economic loss.
Procedure: Steps and Deadlines to Claim in Torremolinos
The administrative claim process requires exhausting the administrative route before going to court. The steps are:
- Prior administrative claim before the Torremolinos Town Hall or the responsible authority. It must be filed at the municipal registry or online, documenting the damage, the causal link, and attaching evidence (medical reports, photographs, witnesses, repair estimates, etc.).
- Resolution period: the Administration has six months to decide. Administrative silence means rejection (art. 67.3 Law 39/2015).
- Administrative court appeal: If the claim is expressly or tacitly rejected, there is a two-month period to go to the Administrative Court in Málaga. For claims over €50,000, the opinion of the Andalusian Advisory Council may be required.
- Expert evidence: It is common to require reports from independent medical experts or technical experts to prove the damage and its economic valuation.
Local practice knowledge is essential, as the documentation and evidence required may vary according to the criteria of the Málaga courts and the regional consultative bodies.
Why Choose Our Firm in Torremolinos
We have proven experience representing individuals and businesses against local and regional authorities. We know in detail the criteria of the courts in Torremolinos and the High Court of Justice of Andalusia regarding administrative liability, as well as the requirements for proving damage and causality in typical local cases.
We offer in-person attention in Torremolinos and online service to facilitate your claim. In the no-obligation initial consultation, we analyze the viability of your case, the necessary documents, and the steps to defend your rights and seek fair compensation according to the legal scale. We collaborate with independent medical experts to strengthen your case when needed.
