We are expert lawyers in Liability of Public Administrations

The liability of the Public Administration is of an objective nature, so that, in principle, no fault or negligence is required in its actions. What will have to be proved is the existence of a causal link, i.e., that there is a connection between the event and the damage suffered, as well as that the damage is attributable to the Administration because it has its origin in its own sphere of action. It should be noted that the above does not mean that any damage occurring within the scope of public authority must be compensated, since, as stated in the case law, this would turn the Administration into a universal insurer.

The individual that has suffered a damage attributable to an Administration, before he can access the judicial route by filing a lawsuit, will have to present an application of request for the initiation of a claim for patrimonial liability before the corresponding Administration, in which the damages will be specified, quantified, and the causal relationship between the damages and the operation of the Administration will be determined, all the relevant documents will be attached and the evidence considered appropriate will be requested. It is important that this claim, which will initiate an administrative procedure, is made by a lawyer specialized in the matter, since the outcome may depend on it, either in administrative or judicial proceedings, in the contentious-administrative jurisdiction.

And what is the deadline of such claim? –The right to claim will expire one year after the occurrence of the event or act that motivates the indemnity or its damaging effect is manifested. In the case of physical or psychological damage to individuals, the period will begin from the time of recovery or determination of the extent of the sequels.

The Administration shall be responsible for proving, if it’s the case, the incidence of the action of third parties or of the victim himself, as well as crediting the factual circumstances that define the standard of performance offered by the public service to avoid situations of risk of financial damage to the users of the service.

Even though the law obliges to resolve the claim in administrative proceedings within 6 months, the usual practice is that Administrations don’t resolve within such deadline, and in some cases they suspend it, as it happens in case of claims filed for damages caused by the provision of defective health care, when the Servei Català de la Salut or the Institut Català de la Salut request a report from the ICAM (Institut Català d'Avaluacions Mèdiques), and do not resume the term until the report is available, after more than one year has elapsed. If it is not expressly resolved within the time limit, it is presumed that the silence is a rejection of the claim, at which point it will be possible to choose between going to court or waiting for the extemporaneous resolution of the claim by the Administration.

The following are cases of patrimonial responsibility of the Administration:

• Damages derived from the practice of medicine in public or subsidized centers.
• Falls in the street and accidents on public roads, caused by the poor state of conservation in which they are found: existence of potholes, potholes, poor placement or non-existence of manhole covers or manholes, existence of sharp elements, lack of maintenance of street furniture, ...
• The failure or relaxation of the duty of vigilance incumbent upon the educational administration, for damages suffered by a minor in a school or on an excursion.
• Damage resulting from works on the public highway.
• Damage resulting from the operations of social services.

And so an endless number of situations from which the liability of the Administration can be derived, which is why we invite you to contact us to explain your case and advise you on the feasibility of a possible claim.