If a public service causes you harm, for example a fall on a poorly maintained pavement, a collision with a council vehicle or public healthcare, you can claim compensation from the authority responsible. This is state liability (responsabilidad patrimonial): the authorities are liable for harm caused by the normal or abnormal operation of public services, except in cases of force majeure or where there is a legal duty to bear it. As a general rule, the deadline to claim is one year.
In brief
- Requirements: actual harm, measurable in money and specific to you, caused by a public service, which you have no duty to bear.
- Deadline: one year from the event or from when the harm appears; for personal injury, from recovery or from when the after-effects are established.
- The claim must describe the harm, its link with the public service and, if possible, its value in money.
- If there is no reply within six months, it may be deemed refused and you can go to court.
When the authorities are liable
Under Article 32 of Law 40/2015, individuals are entitled to compensation for any harm to their property and rights resulting from the normal or abnormal operation of public services, except in cases of force majeure or harm they have a legal duty to bear. The harm must be actual, measurable in money and specific to a person or group of persons.
The annulment of an administrative act does not in itself give a right to compensation (Article 32.1). Nor is compensation paid for harm that could not have been foreseen or avoided given the state of science or technology at the time it occurred (Article 34.1).
The one-year deadline
The right to claim expires one year after the event or act giving rise to compensation, or after its harmful effect becomes apparent. For physical or psychological harm, the year runs from recovery or from when the extent of the after-effects is established (Article 67.1 of Law 39/2015). If compensation arises from the annulment of an act or provision, the year runs from notification of the final decision or judgment.
What the claim must include
In addition to the general details of any application, the claim must specify (Article 67.2):
- The injuries or harm caused.
- The causal link between the harm and the operation of the public service.
- The financial assessment of the liability, if possible.
- When the harm occurred.
- The arguments, documents and evidence you wish to provide (photographs, medical reports, witnesses, invoices, police reports).
How it is processed and how long it takes
The authority must ask for a report from the service whose operation caused the harm. If the compensation claimed is 50,000 euros or more, or the amount set by regional legislation, an opinion from the Council of State or the regional advisory body is compulsory (Article 81).
The decision must address the causal link and, where appropriate, the assessment of the harm and the amount of compensation. If six months pass from the start of the procedure without an express decision, it may be taken as rejecting compensation (Article 91), and the claim can then be taken to the administrative courts.
How compensation is calculated
Compensation is calculated using the criteria of tax legislation, compulsory purchase law and other applicable rules, taking market values into account. In cases of death or injury, the scales of compulsory insurance and Social Security may be used as a reference. The amount is set as at the day the harm occurred and is updated until the decision, with any late-payment interest due (Article 34).
How we help you
We assess whether the harm can be compensated and which authority is liable, gather the evidence, value the harm and file the claim within the deadline. If it is refused, we consider an appeal. We see you at our Barcelona office or by video call. You can book your first consultation or learn about our services for state liability and claims against the town council.
Legislation
- Law 40/2015, of 1 October, on the Legal Regime of the Public Sector (Articles 32 and 34).
- Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations (Articles 67, 81 and 91).
This article is for information only and is not a substitute for advice on your specific case.