Civil liability and damages claims

Civil liability is the obligation to make good damage caused to another person, normally by payment of financial compensation. It may be contractual, where the damage arises from a breach of contract (Article 1101 of the Civil Code), or non-contractual, where it occurs without any prior relationship between the parties, through a culpable or negligent act or omission (Article 1902). There are also cases of strict or quasi-strict liability, such as damage caused by animals, defective products or motor vehicles.

Criminal liability, by contrast, has a different purpose: to punish the commission of an offence with a penalty (imprisonment, fine, disqualification). More rigorous proof is required, guilt must be established beyond reasonable doubt and the action is brought by the Public Prosecutor or a private prosecution. The same facts may give rise to both: a person who commits an offence causing damage is liable both criminally and civilly (Article 109 of the Criminal Code), so that compensation is normally claimed in the criminal proceedings themselves, unless reserved for a civil action.

In practice, most damages claims are brought through the civil route, and many are settled with the insurer of the person responsible. An acquittal in criminal proceedings does not, in many cases, prevent a subsequent civil claim, but this should be decided with professional advice so as not to lose rights.

As a general rule, one year. In road traffic accidents, the right to claim is time-barred after one year (Act on civil liability and insurance in the use of motor vehicles, consolidated text approved by Royal Legislative Decree 8/2004), running from recovery from the injuries or determination of the after-effects, that is, from when the extent of the damage is definitively known. For property damage, such as to the vehicle, time runs from the accident. Outside road traffic, non-contractual liability under the Civil Code is also time-barred one year after the injured party could claim (Article 1968), and contractual liability after five years.

The period may be interrupted, as is done in practice, by a verifiable out-of-court claim to the insurer or the person responsible (for example, by burofax). Each valid claim restarts the year. If there are criminal proceedings, interruption occurs by other means. It is therefore important always to document claims and not to wait until the last moment.

If you have had an accident, you are advised to see a doctor as soon as possible, keep all the documents (accident report form, police report, medical reports, sick notes) and consult a lawyer, even if you think you have time. Allowing the year to pass without interrupting it may mean losing the right to be paid.

The baremo is the statutory system for valuing personal injury caused in road traffic accidents, reformed by Law 35/2015. Its purpose is for injured parties to receive objective, predictable compensation according to set tables. It applies to death, permanent injury (after-effects) and temporary injury, and its amounts are updated annually.

The calculation combines several elements. For permanent injuries, each after-effect is assigned a score according to its severity (from 1 to 100) and a point value is applied depending on the total score and the age of the victim; to this are added particular losses (for example, cosmetic damage, loss of quality of life or non-pecuniary loss from the death of a relative) and financial losses (medical and care expenses, adaptation of home and vehicle, and loss of income). For temporary injuries, each day of incapacity is compensated according to its severity (basic, moderate, serious or very serious), plus any applicable particular losses.

The medical expert report is decisive: who assesses the injuries, by what criteria and with what documents. Many insurers' offers fall short because they do not recognise all the after-effects or misapply the baremo. For minor neck injuries (whiplash), the Law also requires the link between the accident and the injury to be proved by specific medical criteria.

Yes, provided it can be shown that the fall was due to the negligence of another person or entity and that there is damage. In a shop, bar or restaurant, the owner of the establishment is liable (Article 1902 of the Civil Code) if the floor was wet without warning, or there were obstacles, defects or a lack of maintenance, and the claim is usually made against its civil liability insurance. On the public highway, where the cause is a pothole, a broken paving stone or poorly signposted works, the claim is made against the Town Council for the financial liability of the authorities (Law 40/2015), within a period of one year.

Evidence is key. You should take photographs of the place and the cause of the fall, identify witnesses, ask for a report to be made or call the police, see a doctor immediately and keep reports and receipts for expenses. The conduct of the victim is also assessed: if the area was signposted, whether you were walking with care or the obstacle was obvious, the compensation may be reduced for contributory fault or even excluded.

Not every fall gives rise to a right to compensation: the law does not impose liability for the mere harmful result, but for a lack of diligence. It is therefore important to study the case from the outset, before the evidence disappears.

As a general rule, the parents or guardians are liable. Article 1903 of the Civil Code provides that parents are liable for damage caused by minor children in their care, and guardians for that caused by minors or incapacitated persons under their authority. They may be released from liability if they prove that they acted with all the diligence of a reasonable person (buen padre de familia) to prevent the damage, a standard the courts apply strictly.

If the damage occurs at a school or in a school or extracurricular activity, the owner of the educational establishment is liable for damage caused by minor pupils during those activities, unless it proves that it exercised all due diligence. And if a minor aged between fourteen and seventeen commits a criminal act, Organic Law 5/2000 on the criminal responsibility of minors provides that their parents, guardians or carers are jointly and severally liable with them for the damage.

Many home insurance policies include family civil liability cover that pays for this damage, up to a limit, so you should review the policy and report the incident as soon as possible. Adult children, by contrast, are liable for their own acts, even if they live with their parents.

The owner or keeper of the animal is liable for the damage it causes, even if it escapes or strays, because Article 1905 of the Civil Code establishes what is practically strict liability: there is release only if the damage was due to force majeure or the fault of the injured party (for example, by provoking the animal). It is not necessary to show that the owner was negligent. Liability also extends to whoever is using the animal or has it in their care at the time.

To claim, you should see a doctor immediately and obtain a report of the injuries, identify the owner and the dog, check whether it has civil liability insurance, report the facts so that they are on record and inform the Town Council, which may begin an administrative procedure with measures to control the animal. In the case of a potentially dangerous dog, the law requires a licence and civil liability insurance with minimum cover, which makes it easier to be paid.

Compensation includes medical expenses, days of incapacity, after-effects (for example, scars or cosmetic damage) and non-pecuniary damage. The period for claiming is one year from when the extent of the damage is known, so limitation should be interrupted by a written claim. If the person responsible has no insurance, the claim is made directly against their assets.

Yes. Article 1101 of the Civil Code provides that those who fail to perform their contractual obligations through wilful misconduct, negligence or delay are liable to compensate for the loss and damage caused. To succeed, three things must be proved: that there is a failure attributable to the debtor (non-performance, defective or late performance), that real and quantifiable damage has occurred, and that there is a causal link between them.

Compensation covers actual loss (what has been lost or spent) and loss of profit (what has not been earned), under Article 1106. If the contract contains a penalty clause, it normally fixes the compensation in advance, although the courts may moderate it if excessive. You may also choose to require performance or to terminate the contract (Article 1124), with compensation in both cases.

The action is generally time-barred after five years. Before filing a claim, you should gather the contract, communications, proof of payment and evidence of the damage, send a verifiable demand and, since 2025, show a prior attempt at negotiation or mediation, with the exceptions provided by law. A sound preliminary study makes it possible to assess whether the damage justifies the costs of claiming.

Non-pecuniary damage (daños morales) affects a person's intangible interests: physical and mental suffering, anguish, loss of quality of life, harm to dignity, honour or privacy, or grief at the loss of a loved one. It has no market price, but it is fully compensable and the courts recognise it when it is proved.

In road traffic accidents, it is valued within the baremo, through items such as non-pecuniary loss from reduced quality of life, loss from the death of a relative or cosmetic damage. Outside road traffic, there is no compulsory scale, and the court prudently sets the amount according to the circumstances of the case. The road traffic scale is often taken as an indicative reference, although it is not binding.

To obtain adequate compensation, the damage must be proved by medical and psychological reports, sick notes, treatment records, testimony and any document showing the impact on everyday life. In breach of contract, non-pecuniary damage is recognised only in exceptional cases. In unlawful intrusions on honour and privacy (Organic Law 1/1982), non-pecuniary damage is presumed once the intrusion has been proved and is valued according to its dissemination, its seriousness and the benefit obtained by the person responsible.

Not necessarily. The great majority of claims are resolved by out-of-court agreement, and that is the initial objective. The claim is submitted with the documents evidencing the event, the injuries and the expenses, the insurer studies the case and may make an offer. If the offer is fair, it is accepted and the settlement signed; if not, it is negotiated or rejected.

In road traffic accidents, the law requires the insurer to reply with a reasoned offer or a reasoned response within a set period (as a general rule, three months from the claim), and imposes default interest if it delays without justification (Article 20 of the Insurance Contract Act). This gives the negotiation some force.

If there is no agreement, or the offer is insufficient, the matter must go to court by way of a civil claim. Before filing, it is generally necessary to show an attempt at a negotiated solution (the so-called appropriate means of dispute resolution), with some exceptions. A settlement should be signed only with advice, because it usually involves waiving any further claim, and accepting a lower sum may be irreversible.

The process usually follows these stages. First, the incident is documented: accident report form or police report, photographs, details of those involved and witnesses, and sick notes and medical reports. Second, the incident is notified to the insurers involved and a formal claim is made, in writing, identifying the damage and the amounts claimed, which also interrupts limitation.

Third, the injuries are allowed to stabilise, heal or the after-effects to be determined, and a medical expert report and, if there are financial losses, a financial report are prepared. With those documents, the compensation is quantified using the baremo (in road traffic) or general valuation criteria.

The insurer responds with an offer or a reasoned refusal. Negotiation follows, and if agreement is reached it is signed and paid. If not, a claim is filed before the court of first instance, in which the insurer may be sued directly (direct action, Article 76 of the Insurance Contract Act and road traffic legislation) as well as the person responsible. The court process includes expert evidence, the hearing and the judgment, with the possibility of appeal. Timescales vary greatly according to the court, so ideally the out-of-court route should be exhausted first where there are reasonable prospects.

It is the liability that clients or third parties may assert against a professional (doctor, lawyer, architect, engineer, tax adviser, notary, estate agent, etc.) for damage caused by conduct contrary to the rules of the profession (known as lex artis). In general, a professional assumes an obligation of means, not of result: they are not liable for failing to achieve the desired result, but for failing to use appropriate diligence, knowledge and techniques. There are exceptions in which there is an obligation of result, such as certain interventions with no curative purpose.

To claim, the negligent conduct, the damage and the causal link must be proved, normally by an expert report from another professional in the same field. In medicine, the clinical record and informed consent are very important; in construction, the Building Act (Ley de Ordenación de la Edificación) sets guarantee periods (ten years for structural damage, three for habitability and one for finishes) and allocates liability among the developer, builder and technicians.

Many professionals are required to have civil liability insurance, which makes it easier to obtain payment of compensation. If you have suffered damage through professional malpractice, the first step is to gather all the documents and obtain a prior technical assessment. And if you are the professional against whom a claim is made, notify your insurer immediately.

Yes. The Consolidated Text of the General Act for the Protection of Consumers and Users (Royal Legislative Decree 1/2007) establishes a liability regime for defective products that does not require proof of the manufacturer's fault: it is enough to show the defect, the damage and the link between them. A product is defective when it does not provide the safety that could legitimately be expected, taking into account all the circumstances, such as its presentation, its reasonably foreseeable use and when it was put into circulation.

The regime covers personal injury (death and injury) and damage to goods for private use, with an excess of 500 euros on property damage. The manufacturer or importer into the European Union is liable and, if they cannot be identified, the supplier, in certain cases. The action is time-barred three years after the loss is suffered, and liability ends ten years after the specific product was put into circulation.

You should keep the product, packaging, instructions and invoice, take photographs, obtain medical reports and, if possible, a technical report proving the defect. The European Union has adopted a new directive on liability for defective products, extending the regime to software, which must be incorporated into Spanish law, so the rules in force at the time of claiming should be checked.

Loss of profit (lucro cesante) is the gain that the injured party has failed to obtain as a result of the damage. Together with actual loss (what has been lost or spent), it forms part of compensation for loss and damage (Article 1106 of the Civil Code). Examples include income that a self-employed person has not received during incapacity following an accident, profits a company fails to obtain because of a breach of contract, or rent lost on a damaged property.

The courts require it to be proved with reasonable certainty; a mere possibility or hopes of gain are not enough. It must be shown that, had the harmful event not occurred, the gain would have been made with sufficient probability, and it must be quantified. It is usually proved by accounts, payslips, income tax, VAT and corporation tax returns, lost contracts and orders, income from comparable periods and, where complex, an expert report from an economist.

In road traffic accidents, the baremo treats loss of profit as a financial loss for victims with loss of income, calculated from proven net income. For the self-employed and SMEs, accounting records should be gathered as soon as possible and not left until they are lost. A well-documented loss of profit may account for most of the compensation.

First, do not ignore the claim: the time limits for responding are short and, if you do not respond, judgment may be given in default. In ordinary proceedings, the period for filing a defence is generally twenty working days from service; in oral proceedings, ten. You should go to a lawyer and a court representative (procurador) as soon as possible and give them all the documents received.

The second step is to notify your civil liability insurer, if you have one (home, professional, business or vehicle). The policy usually requires you to report the incident within a short period, and the company usually takes over the legal defence and its costs, as well as paying compensation within the limits of cover. If you do not notify it in time, you could lose that protection. If you have legal expenses insurance, you can normally choose your lawyer freely.

The defence is then studied: whether there is limitation, lack of standing, absence of fault or causation, contributory fault of the victim, exaggeration of the damage or errors in its valuation. The advisability of reaching a settlement, partially accepting the claim or depositing a sum to avoid interest is also assessed. A sound initial analysis, with evidence and expert reports, shapes the outcome of the proceedings.

It depends on the complexity of the case, the amount at stake and whether it is necessary to go to court. Fees are agreed in writing, in an engagement letter (hoja de encargo), before work begins. They may be a fixed amount by stages, an hourly rate or a mixed system with a variable part linked to the result, always within the limits set by the Code of Conduct of the Legal Profession. Before we begin, we will explain clearly what the fees include and what further costs can be expected.

In addition to the fees, there are other costs to bear in mind: the court representative (compulsory in most proceedings), medical or financial expert reports, possible court fees (individuals are exempt) and, if the case is lost, the risk of an order for costs, which is generally imposed on the losing party. If the claim succeeds, costs are claimed from the other side, so part of the cost may be recovered.

It is worth checking whether you have legal expenses insurance on your home, car or another policy: it covers the costs of the lawyer and court representative up to a limit, and the law allows you to choose your lawyer freely. Free legal aid is also available to those meeting the financial requirements. In the first consultation we study the real prospects of the case so that you can decide on an informed basis.