To confirm the of liability of the Public Administration the requirements are:a) Actual damage or injury, which are economically assessable and individualized in relation to a person or group of people.
b) That the damage or injury suffered is a result of normal or abnormal functioning of public services, in a direct, immediate and exclusive relationship of cause and effect, without the intervention of other elements that could influence, altering the link to the cause of the damage.
c) Absence of force majeure.
d) The claimant must not have a legal reason or duty to withstand the damage.
When the risk inherent to the use of the Public Service exceeds the limits required by safety standards socially acceptable, that is enough to classify the damage caused as unlawful.
It's “objective” liability and therefore there is no need to prove:
1) That responsible persons or entities acted intentionally or negligently.
2) The public service functioned abnormally.
The responsibility of the Public Administration is based on:
A) Generic principle of effective judicial protection,
B) The rights of individuals to compensation for any harm they suffer as a consequence of the operation of public services, and
C) The right of individuals to be compensated by the State of any harm they suffer as a result of normal or abnormal functioning of public services, when the damage is effective, economically assessable and individualized.
