Public liability of the Administration
Administrative liability lawyer
If the Administration has caused you harm, you are not obliged to accept it as mere “bad luck”. When the damage arises from the normal or abnormal functioning of a public service and you have no legal duty to bear it, a claim for state liability may exist. The legal basis is Article 32 of Law 40/2015.
In practice, this occurs far more often than it seems: falls on public roads, poor road maintenance, lack of upkeep, injuries during public events, administrative actions that cause harm, and other situations where the Administration leaves you with physical, material, or financial damage that you should not have to bear. The key is not outrage: the key is to properly frame and file the claim.
If the Public Administration has caused you harm, you do not have to accept it without question
The law recognises the right of individuals to be compensated for any injury suffered in their property or rights when it is a consequence of the normal or abnormal functioning of public services, except in cases of force majeure or where the individual has a legal duty to bear the damage. This does not mean that every inconvenience or loss is compensable, but it does mean that the Administration is also liable when it causes unlawful damage.
The key idea is simple: if it is not a loss you were legally required to bear, it is worth reviewing the case. And it should be reviewed early, because these claims depend on three things: deadlines, evidence, and causal link.
What types of damages can be claimed
What is claimed is not “feeling wronged”, but a concrete injury. That is why the law requires the damage to be individually identified and linked to the functioning of the public service. Law 39/2015 itself requires that the claim specify the injury suffered, the alleged causal link, the economic valuation if possible, and the moment the damage occurred.
This may include, for example:
falls due to poor condition of pavements or public facilities, damage caused by potholes or lack of maintenance, injuries during public events or festivities, losses caused by public services, or administrative actions that have resulted in real financial harm. The real question is not “whether it was unfair”, but whether it can be legally proven.
Time matters: don’t let it run out
This is a critical point: the right to claim generally expires after one year. In cases of physical or psychological harm, this period is typically counted from recovery or from the moment the extent of the sequelae is determined. In addition, if the Public Administration does not issue an express decision within six months in administrative liability proceedings, the claim may be deemed rejected by silence.
And if the matter must then proceed to administrative litigation, the LJCA generally establishes a period of two months to challenge express decisions that conclude the administrative route, and six months in the case of presumed decisions.
Practical takeaway: if you think you may have a claim, it is better to review it now rather than “later”.
What a strong claim must demonstrate
A well-founded administrative liability claim is not won through a generic account. It is won by demonstrating:
what harm you have suffered, when it occurred, how it is linked to the functioning of the public service, and its economic valuation. This is exactly what Law 39/2015 requires to be specified when initiating the procedure.
In addition, if the Administration issues a decision, it must address all the issues raised; and when it restricts rights or legitimate interests or resolves administrative liability proceedings, reasoning is essential. The LPAC requires concise justification with facts and legal grounds in certain administrative acts, including those that limit rights or resolve review procedures and appeals.
How we handle your claim
First, we assess whether your case truly fits within an administrative liability claim or whether it should be pursued through a different legal route. We then organise the timeline, harm, evidence, and valuation. Finally, we decide whether it is advisable to exhaust the administrative route and how to prepare for a potential transition to administrative litigation. The logic here is very simple: it is not enough to be right; you need to build a solid case around it.
What documentation we need
If you already have it, it is useful to gather:
any resolutions or official notifications received, photographs, medical reports, expert or technical reports, invoices, witness details, repair estimates, information about the location, and any document that helps establish the injury, causation, and economic valuation. If you do not have everything, that is not a problem: we will tell you what is essential and what should be reconstructed before filing a claim.
Not always. It is necessary to prove the damage, its link to a public service, and that you had no legal duty to bear it.
As a general rule, one year; in cases of physical or psychological harm, the period is counted from recovery or from the moment the extent of the sequelae is determined.
If six months pass without an express decision, the claim may be deemed rejected by administrative silence, which allows you to assess the next steps.
If the Public Administration has caused you harm, it is better to claim properly than to accept it without review
If you have suffered physical, material, or financial damage and you believe the Administration should have acted differently, we can help you assess whether there are grounds for a claim and pursue it with a solid legal strategy.
Request an initial assessment of your claim.
