Slip and Fall on Public Streets in Spain: How to Claim

🇪🇸 Read the original in Spanish

Walking down the street is an everyday activity we do without thinking about the risks, but a loose tile, a poorly placed manhole cover, or an oil stain on the pavement can change our lives in a second. In Spain, suffering a fall on public streets due to the poor condition of infrastructure is not a simple misfortune that the citizen must bear; the law protects pedestrians and establishes mechanisms to demand liability from the local administration. If you have suffered an accident of this type, it is essential that you know your rights and the steps necessary to successfully claim the compensation you are entitled to for the physical and material damages suffered.

The Legal Framework: Why is the Town Hall Liable?

The obligation of town halls to maintain streets, squares, and pavements in safe conditions for citizens is not a mere recommendation, but a strict legal duty. When this duty is breached and damage occurs, the so-called Responsabilidad Patrimonial de la Administración (patrimonial liability of the public administration) is activated.

The regulatory framework supporting this right consists of several key rules of our legal system:

• The Spanish Constitution: In Article 106.2, it establishes that individuals have the right to be compensated for any injury they suffer to any of their property and rights, except in cases of fuerza mayor (force majeure), provided that the injury is a consequence of the operation of public services.
• Law 40/2015, of October 1, on the Legal Regime of the Public Sector: This is the fundamental rule regulating the requirements of patrimonial liability in its Articles 32 et seq. It establishes that the damage must be actual, economically evaluable, and individualised in relation to a person or group of persons.
• Law 7/1985, of April 2, Regulating the Bases of the Local Regime: In Articles 25 and 26, it expressly attributes to municipalities the competences regarding the paving of urban public roads and their conservation.
• The Civil Code: Although the main route is administrative, the Civil Code inspires the general principle of law that whoever causes damage to another by action or omission, involving fault or negligence, is obliged to repair the damage caused (Article 1902), as well as liability for things possessed or owned (Article 1907 et seq., applied by analogy in case law doctrine).

For the claim to succeed, three concurrent requirements must be met:

1. Existence of real and evaluable damage: Physical injuries (fractures, bruises) or material damages (broken glasses, mobile phone, clothes).
2. Abnormal functioning of a public service: That the pavement was broken, that there was a lack of lighting, that there was an unmarked trench, etc.
3. Causal relationship: A direct causal link must be proven between the poor condition of the street (cause) and the fall with its subsequent injuries (effect), without the exclusive fault of the victim or fuerza mayor (such as an earthquake or unpredictable torrential rains) intervening.

Step-by-Step Practical Guide to Claiming Compensation

The success of a claim for responsabilidad patrimonial depends almost entirely on the evidence gathered in the first moments after the accident. Follow this numbered protocol to ensure the viability of your case:

1. Do not move and call the Local Police

If your injuries allow it, do not leave the scene of the accident. Immediately call the Policía Local (Local Police) or the emergency services (112). It is vital that a patrol arrives at the scene to draw up an atestado policial (police report). The officers will take photographs of the road, collect witness details, and make an official record of the condition of the street. This document is the key piece of evidence in any claim.

2. Identify and retain witnesses

If there are people who witnessed the fall, kindly ask them for their first name, surname, and telephone number. Their subsequent statements or the inclusion of their details in the atestado policial will prevent the Town Hall from claiming that the fall occurred elsewhere or due to your own distraction.

3. Take detailed photographs of the surroundings

Use your mobile phone to take photos and videos of the defect that caused the fall (the pothole, the raised tile, the unremoved ice, etc.). Take general wide shots (to locate the exact street and number) and detailed close-up photos (placing an object like a foot or a coin next to the defect so its depth or size can be appreciated).

4. Seek immediate medical assistance

Do not let time pass. Go directly to the emergency department of the nearest hospital or call an ambulance if you cannot move. It is mandatory that the parte de urgencias (emergency medical report) expressly states that the cause of the injuries is a "fall on public streets as a result of tripping over a defect in the pavement" (or the exact cause). You have a maximum period of 72 hours to obtain this first medical report; otherwise, the Town Hall will argue that your injuries could have occurred at home or while doing sport.

5. Keep all receipts for expenses

Keep all invoices and receipts for expenses arising from the accident: medicines, crutches, private physiotherapy sessions, taxis to attend rehabilitation, torn clothes, or electronic devices damaged in the fall. All of this will form part of the financial claim.

6. Submit the claim in writing

Initiate the administrative procedure of Responsabilidad Patrimonial by means of a written petition addressed to the corresponding Town Hall. You can submit it in person at the general registry or, more swiftly, through the electronic office of the municipality using your digital certificate or Cl@ve (electronic identification system).

Deadlines, Amounts, and Key Figures You Must Know

In the field of administrative liability, deadlines are strict, and failure to meet them leads to the absolute loss of the right to claim.

• Deadline to claim: You have exactly 1 year to submit the claim. This period begins to run from the day of the accident or, in the case of physical injuries, from the day you receive your alta médica definitiva (final medical discharge) or when residual sequelae are determined.
• Town Hall's resolution period: The Administration has a maximum period of 6 months to resolve and notify its decision. If this period expires and the Town Hall has not answered, silencio administrativo negativo (negative administrative silence) applies, which means the claim is understood to be dismissed, leaving the judicial route open (recurso contencioso-administrativo / contentious-administrative appeal).
• Calculation of compensation: Compensation for temporary injuries and sequelae is calculated by applying, by analogy, the Baremo de Accidentes de Tráfico (Scale for Traffic Accidents - Law 35/2015), which is updated annually. This scale establishes daily amounts according to the specific personal harm:
• Very grave loss day (admission to the ICU): approximately 119.03 €/day.
• Grave loss day (hospital admission): approximately 90.26 €/day.
• Moderate loss day (sick leave or inability to carry out usual activities): approximately 62.61 €/day.
• Basic loss day (healing period without sick leave, but with medical/rehabilitation treatment): approximately 37.57 €/day.
• Sequelae and aesthetic damage: These are valued using a points system (from 1 to 100) based on the victim's age and the severity of the sequela (chronic pain, limited mobility, scars).

Practical Examples of Claims and Compensation Calculation

To understand how these rules and scales translate into reality, we analyse two common scenarios:

Example 1: Moderate injury with sick leave

Let's imagine Carlos, a self-employed worker (autónomo) who trips over a sunken and unmarked ventilation grille in the centre of Madrid. He suffers a wrist fracture that requires a plaster cast and subsequent rehabilitation.

• Healing period: Carlos takes a total of 90 days to receive his final medical discharge.
• For 45 days he was on sick leave (moderate loss): 45 days x 62.61 € = 2,817.45 €.
• The other 45 days he was in rehabilitation without being on sick leave, but with discomfort (basic loss): 45 days x 37.57 € = 1,690.65 €.
• Sequelae: He is left with a slight limitation of wrist mobility valued at 2 points of sequela (according to his age, this equates to about 1,800 €).
• Proven expenses: Pharmacy and taxi invoices worth 250 €.
• Total compensation claimed: 6,558.10 €.

Example 2: Material damages and minor injuries in a pensioner

María, a 72-year-old retired woman, trips over a completely raised tile on a pavement in her neighbourhood. She suffers a heavy blow to her knee, and her prescription glasses are broken.

• Healing period: Requires 30 days of analgesic treatment and relative rest (basic loss): 30 days x 37.57 € = 1,127.10 €.
• She is left with no permanent physical sequelae.
• Material damages: She presents the invoice for the purchase of new prescription glasses identical to the damaged ones for an amount of 450 €.
• Total compensation claimed: 1,577.10 €.

Mistakes You Must Avoid When Claiming from the Town Hall

The public administration is usually reluctant to assume these compensations and will look for any legal loophole to dismiss your claim. Avoid making these critical mistakes:

• Not going to emergency services immediately: Waiting several days to see a doctor breaks the presumption that the injuries were caused by the fall in the street. The Town Hall will argue that you injured yourself elsewhere.
• Not providing evidence of the condition of the street: Submitting a claim simply saying "I fell on Calle Mayor" without photos of the defect, without witnesses, and without a police report leads to the file being archived due to lack of evidence.
• Accepting that the fault was yours due to "distraction": On occasions, the Town Hall will argue that the defect was "perfectly visible" and that you fell because you were looking at your mobile phone or not paying attention. You must prove that the obstacle was a hidden or insurmountable hazard.
• Letting legal deadlines pass: Submitting the claim 1 year and 1 day after the medical discharge results in the prescription of the right, and there will be no possibility of claiming, not even by going to court.

Frequently Asked Questions (FAQ)

What happens if I fall because of roadworks in the street? Do I claim from the Town Hall or the construction company?

The claim must still be addressed to the Town Hall, as it is the owner of the public street and ultimately responsible for its safety. However, the construction company awarded the works contract will appear in the administrative procedure as a co-defendant, as its civil liability insurance is usually responsible for paying the compensation if it is proven that the construction area was not correctly fenced off or signposted.

Can I claim if I fall because of an oil or wax stain on the ground?

Yes, it is perfectly viable. Town halls have an obligation to keep streets clean and passable. If the oil stain or the wax from a procession has been on the ground for hours without the municipal cleaning services having acted or signposted the area, there is an abnormal functioning of the public street cleaning service and, therefore, a right to compensation.

Is it mandatory to hire a lawyer to make the claim?

For the administrative phase (the initial claim before the Town Hall) it is not mandatory to appear with a lawyer, but it is highly recommended. Drafting the petition, providing evidence, and correctly assessing the injuries according to the medical scale require specific legal knowledge. If the Town Hall dismisses the claim and you must go to court (Juzgado de lo Contencioso-Administrativo / Contentious-Administrative Court), then the intervention of a lawyer (and a procurador / court representative, if applicable) will be mandatory.

How long does the Town Hall usually take to pay the compensation?

The administrative procedure is usually slow. Although legally the municipality has 6 months to resolve, the reality is that most medium and large town halls take between 12 and 18 months to issue a final resolution. If the administrative route is exhausted and it is necessary to go to court, the process can drag on for 2 to 3 years depending on the saturation of the courts in your locality.

In Summary

• Town halls have a legal obligation to keep pavements and roads in a perfect state of safety for pedestrians.
• It is essential to have an atestado from the Policía Local and emergency medical reports issued within the first 72 hours.
• The strict deadline to submit the claim for responsabilidad patrimonial is 1 year from the accident or from the medical discharge of the injuries.
• The amount of compensation is calculated using the traffic accident scale, computing the days of healing, sequelae, and justified material damages.
• The Town Hall has a period of 6 months to resolve; if it does not do so, the claim is understood to be dismissed by administrative silence, and you can proceed to the judicial route.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.