Compensation for falls on public roads and local council liability

Unfortunately, accidents on public roads occur much more frequently than we would like. This is the case, for example, with falls, which are sometimes caused by damage or roadworks on public roads. But in what cases is the local council responsible and how can compensation be claimed? Here we will answer this question, focusing on the case of Madrid.

When is Madrid City Council liable for a fall in the street?

This scenario is generally regulated by Article 106.2 of the Spanish Constitution, which establishes that individuals have the right to compensation for any injury they suffer ‘provided that it is a consequence of the functioning of public services’.

This constitutional principle is developed in several laws. Specifically, in Articles 32 and 37 of the Legal Regime of the Public Sector, in Article 25.2 d) of the Law Regulating the Bases of Local Government, and in Articles 24, 35, 65, and 67 of the Law on Common Administrative Procedure of Public Administrations.

But when is the local council liable?

For a local council such as Madrid's to be held liable for a fall on public land, a series of requirements must be met. Let's take a look at them:

• Existence of damage: the individual affected must have suffered actual damage that is individually and financially assessable. For example, a broken arm.
• Causal link: there must be a direct and immediate relationship between the functioning of the public service and the damage caused.
• Unlawfulness: the damage cannot be the result of a legal obligation that the affected party is required to bear.
• Abnormal functioning of the public service: in other words, the City Council has acted inappropriately or incorrectly and this can be objectively demonstrated.

Therefore, if a paving stone on the pavement has been broken for months, you trip over it and fall to the ground, the Madrid City Council is financially liable.

When is the council not liable?

However, not all accidents of this type that occur on public roads result in compensation being paid for a fall in the street. This is the case, for example, with injuries that are the responsibility of another individual or legal entity.

For example, imagine that someone living in a flat throws something out of their window and it hits you on the head. Or that the fall is caused by a shop that has washed the pavement and has not signalled that there is a risk of slipping. In these situations, even though the damage occurs on the street, Madrid City Council is not liable.

How to claim compensation for a fall on public property?

The first step is always to gather evidence proving the causal link, i.e. that the injuries sustained are the responsibility of Madrid City Council. To do this, although it is not always easy to keep a cool head, it is necessary to:

• Call the local police so that they can come to the scene of the accident, make a report and take photographs. It is also a good idea for the person affected to do the same.
• Look for witnesses among those who saw the accident.
• Go to A&E, either on your own or by ambulance. This is essential in order to obtain a medical report detailing the injuries suffered and their severity.

In addition, you should know that you have one year to file a claim with Madrid City Council. The period begins on the date on which the injuries stabilised (not from the date on which the incident occurred). This is because, until such stabilisation occurs, it is impossible to quantify the damages and set the amount of compensation, if applicable.

Once the claim has been submitted, Madrid City Council will have six months to respond. There are three possible outcomes:

• It accepts responsibility for the incident and pays the compensation established by law.
• It denies responsibility for the incident, in which case a lawsuit must be filed through the contentious-administrative channel.
• It does not respond (administrative silence), in which case the claim will be deemed to have been rejected.

The problem with resorting to contentious-administrative proceedings is the time involved. From the moment you file the lawsuit until the trial is held and a judge issues a ruling, several years may pass.

How much does the council pay for a fall in the street?

Calculating compensation for a fall is not easy, as each case is unique. In any case, in order to give an estimate, we have to refer to Law 35/2015, which reforms the system for assessing damages caused to people in traffic accidents. The reason? This law establishes the scale that is commonly used.

If we look at the updated data for 2025, we find that the basic personal injury, which covers the damage suffered from the moment of the accident until the injuries stabilise, is 38.10 euros per day. However, we must also consider specific personal damages, which refer to the temporary loss of quality of life. These can be:

• Moderate: €66.04 per day.
• Serious: €95.26 per day.
• Very serious: €127.01 per day.

Furthermore, if surgery was required to stabilise the injury, separate compensation will be paid in the amount of between €508.03 and €2,032.12, depending on the severity of the injury. Any possible consequences of the injuries, as well as any financial losses suffered (e.g. broken glasses, rehabilitation costs or other healthcare expenses), must also be compensated. The same applies if you have had to close your business as a result of the accident.

At this point, you have enough information to calculate approximately the compensation you are entitled to for having suffered a fall on the street in Madrid if the City Council is liable. However, we recommend that you seek the services of a specialised lawyer to guide and advise you throughout the claims process. This is the only way to maximise your chances of receiving compensation.