Falls on Public Streets in Spain: How to Claim Compensation from the Town Hall (2026 Guide)

If you have fallen on a broken pavement, a pothole or a loose tile, you can claim compensation from the Town Hall. We explain step by step how to do it, what evidence you need and the key deadlines (especially important for older residents).

Why this article matters (especially if you have older relatives)

A fall on a public street may seem trivial… until you break a hip, suffer a head injury or lose months of mobility. On the Costa Blanca, where a large share of the population is over 65, falls caused by loose paving slabs, potholes, oil stains, uncovered tree pits or poorly maintained pavements are one of the most frequent causes of serious injury.

The good news: the Town Hall is responsible for maintaining pavements, roads and street furniture. And Spanish law allows you to claim compensation under the public-administration liability regime without having to prove that the Town Hall acted with malicious intent. You only need to prove the damage, the defective condition of the street and the causal link between the two.

In this 2026 updated guide we explain, in plain language, how to claim step by step, what evidence is essential, what deadlines you cannot miss and how much you can recover. And, if you need it, Bufete Padilla will guide you through the whole process.

1. What is compensation for a fall on a public street?

It is a financial compensation that the Town Hall (or the public body owning the road) must pay to a citizen who suffers an actual, economically assessable and individualised damage as a consequence of the normal or abnormal functioning of a public service — in this case, the duty to keep pavements and roads in safe condition.

Legal basis:

  • Article 106.2 of the Spanish Constitution: right to be compensated for any injury caused by the functioning of public services.
  • Article 32.1 of Law 40/2015 on the Legal Regime of the Public Sector.
  • Law 39/2015 on Common Administrative Procedure (deadlines and process).

It is a system of strict (objective) liability: there is no need to prove fault or negligence by the Town Hall. Only the damage and the causal link.

2. When can I claim against the Town Hall?

The most common cases we see in the firm are:

  • Loose, raised or broken paving slab on the pavement.
  • Pothole without warning signs on the road or pedestrian area.
  • Tree pit without a cover or with a broken grate.
  • Manhole cover (sewage, telecoms, gas) sunken, loose or uneven.
  • Oil, water or dirt stain not cleaned in pedestrian areas.
  • Lack of street lighting that prevents seeing a step or hole.
  • Municipal works poorly signposted, with cables or fences badly placed.
  • Leaves, palm fruits or branches accumulated and not removed.
  • Damaged street furniture (benches, bins, loose bollards).