If I fall in the street because of a loose paving slab or a hole, can I claim against the town council?

Question

José Manuel Alburquerque · Accepted Answer

Yes, if the fall was caused by a defect in the pavement or the road that the town council should have repaired or marked with warning signs. This is what is known as the “responsabilidad patrimonial” of the public authorities, which does not require proof that an official acted wrongly. But it is not enough simply to fall, because the courts do not usually award compensation for trips over small or clearly visible defects, which are part of the normal risks of walking down the street. You have to prove the defect and that it made you fall. The time limit for claiming against the town council is one year, which normally starts to run from your discharge from medical treatment. When a claim usually succeeds Both the town council and, if the case goes to court, the judge ask themselves whether the defect created a greater risk than can reasonably be accepted in a street. To decide this, they usually take the following into account: The size and depth of the hole or of the difference in level. Whether it could be seen clearly in the light there was at that time of day. Whether the pavement was wide and the defect could be avoided or whether it was at a point people have to pass through, such as a pedestrian crossing or the exit from the metro. Whether you knew the place, what footwear you had on and whether you were paying attention. Whether the town council knew the defect was there, for example because residents had already reported it. In December 2025, a Barcelona court rejected the claim of a person who broke their fibula falling in the early hours over a difference in level on a wide pavement. It found that the difference in level was visible and could be avoided by walking normally. It also pointed out that at night pedestrians have to take more care. It ordered the claimant to pay the costs, that is, the other side's legal fees, up to a limit of 500 euros. What to do at the time Take photos of the defect with something that shows its size, such as a coin or a tape measure. Also photograph the whole area and the lighting at the time. Note down the exact address, with the number of the nearest building. Ask any witnesses for their names and phone numbers. Call the local police so that there is an official record of the fall. In Barcelona that is the “Guàrdia Urbana”, the city police, on 092. Go to accident and emergency that same day. The medical report links the injuries to the fall. If there are shop cameras nearby, ask straight away and in writing for the footage to be kept, because it is deleted within a month at most. Who to claim against and by when Claims are normally made against the town council, which is responsible for maintaining streets and pavements. But first check what made you fall. If it was an inspection cover belonging to a water, gas, electricity or telephone company, a bar's outdoor terrace or works being carried out by a private individual, it is usually their owner who is liable, with the claim made under civil law. Before suing them you must try to reach an agreement. If the works were being carried out by a company on behalf of the town council, claim against both. If in doubt, claim in writing against all of them within the year, which is the shortest time limit. The time limit for claiming against the town council is one year from when you recover or from when the after-effects you will be left with are known, which is normally when you are discharged from medical treatment. It is not the three years that apply in Catalonia to claims for a fall in a shop or in the entrance to a building. To claim against the town council you do not need a lawyer, nor do you need to try to reach an agreement first. If the town council rejects the claim and you want to go to court, you will need a lawyer and, if you lose, you may have to pay the costs, although judges usually cap them.