Many of you will be listening these days through all the media: press, radio, social networks ... that once the state of alarm is lifted, there will be an “avalanche” of lawsuits against the Administration for the damages suffered, both by individuals and companies , derived from the consequences that COVID-19 has had and the measures adopted by the Government in relation to this crisis, in health principle.
Many are the damages that may have affected us, and not only in the health field, such as the death of a family member, or belonging to the health field, having infected us due to the lack of means of protection, but also in the business field and economic, which is perhaps, after the health crisis, the most important damage that we are (and will be) suffering, since many companies and freelancers in this country have been seriously harmed in their business or professional activity.
Well, at this point the question is: Public Administrations Do they incur some type of responsibility for their management of the health crisis? Or, should it occur that I have been seriously affected by this management, do I have the right to be compensated for them?
The answer to this question is YES, because as it could not be otherwise, the State and therefore also the Government, is subject to the Law, and this Law or regulations (different in this case) guarantees and defends the citizen already the companies of those actions that the Administration has carried out and have supposed a damage for the "administered" and that they did not have to have suffered or endured. It is what is called Patrimonial Responsibility of the Administration.
It is not the intention of this information now to explain in detail what the Administration's Patrimonial Responsibility consists of, all its characteristics and what requirements must be met for it to occur, but it is clear that the Administration has that responsibility and we have the right to be able to claim it if it corresponds to us.
En este sentido, TOMARIAL Abogados, through its Legal Department, can study each individual case, in case you find yourself in this situation, you should claim to the Administration, Patrimonial Responsibility for the damages that this whole situation has caused you and the measures that the Government has adopted, both from a personal and business level.
Juan Antonio Soriano. TOMARIAL Counselor Of Counsel
