Civil Liability

When do you need a civil liability lawyer?

Civil liability arises when a person or entity causes harm to another and must compensate for that loss. The most common cases we handle in Barcelona and Baix Llobregat are:

• Road accidents with injuries or property damage not covered or undervalued by the insurer
• Falls and accidents in public or private spaces (wet floors, unsignposted works, unsafe staircases)
• Damage caused by domestic animals
• Breach of contract causing financial loss or damage to the other party
• Property damage caused by third parties (water leaks from neighbours, works affecting adjacent buildings)
• Product liability for defective products (governed by Royal Legislative Decree 1/2007)

Contractual vs non-contractual liability

The most important practical distinction is this:

Contractual liability (Art. 1101 of the Civil Code): a prior contract exists between the parties. The harm stems from breach of that contract — poorly executed works, a service not provided, goods not delivered. The general limitation period is five years.

Non-contractual liability (Art. 1902 of the Civil Code): there is no prior contract. The harm derives from negligent conduct — a road accident, a fall on someone else's property, damage caused by animals. The limitation period is one year from the date the injured party became aware of the damage, so prompt action is essential.

In both cases, to obtain compensation it is necessary to establish the harm suffered, the conduct of the responsible party, and the causal link between them. The strength of the evidence — expert reports, medical records, documentation of financial loss — is decisive for the outcome.

Dealing with insurance companies

A significant part of our practice focuses on negotiating with insurers. Insurance companies have in-house legal teams aimed at minimising pay-outs. Having specialist legal representation levels this asymmetry: we analyse the applicable policy, identify all available coverage, and defend the full quantification of damages — actual loss, lost earnings, and non-material harm.

If the insurer denies coverage or the settlement offered is clearly inadequate, we pursue the claim through the courts.

Professional negligence (malpractice)

Cases involving negligent conduct by professionals — doctors, architects, lawyers, auditors — have their own legal framework. If your case involves medical negligence, please visit our dedicated medical negligence page, where we set out the process and applicable case law criteria in detail.