You trip over a loose tile, your dog breaks your friend’s phone, or a leak from your apartment floods the neighbor downstairs. Who foots the bill? Civil liability for damages is the legal principle that answers that question — and spoiler: it’s not always as straightforward as it seems.
At Legal Allies, we break it down in simple terms — how it works, what it covers, and how to protect yourself (before things get expensive).
What is civil liability for damages?
It’s the legal obligation to repair damage caused to another person. That damage can be physical, material, or even emotional. The basic rule is: if you cause harm, you pay for it… unless you can prove it wasn’t your fault.
Types of civil liability in Spain
Non-contractual civil liability:
This applies when damage occurs without a contractual relationship.
Example: A flowerpot falls off your balcony and hits a passerby.
Contractual civil liability:
This applies when damage occurs within the context of a contract.
Example: A company fails to deliver a service and causes financial loss to the client.
Who pays for the damage?
The general rule is clear: the person who causes the damage pays, if there’s fault or negligence. But there are exceptions:
- If a minor causes the damage, the parents or legal guardians pay.
- If it’s a pet, the owner is responsible (yes, even if “it was just playing”).
- In the workplace, the employer might be liable.
- In buildings, communities, or public spaces, liability may be shared.
- And if you have liability insurance, it might cover part or all of the costs.
What does compensation cover?
Civil liability aims to repair or compensate for the damage caused. This can include:
- Material damage: Broken objects, vehicles, property.
- Personal damage: Injuries, disabilities, medical expenses.
- Moral damage: Emotional distress, reduced quality of life.
- Loss of income: Earnings lost as a result of the damage.
Legal Allies tip: Document everything. Photos, estimates, medical reports… Every piece of evidence counts if you need to file a claim.
What if there’s no agreement?
If a friendly agreement isn’t possible, the affected person can go to court. In that case, a judge will decide:
- If there was fault or negligence.
- The appropriate compensation amount.
- Whether liability is shared (common in accidents).
How can Legal Allies help?
If you’re in the middle of a damage dispute, Legal Allies can be your legal shield:
- We evaluate your case.
- Tell you if you can claim compensation — or if you need to defend yourself.
- Help negotiate with insurers or the other party.
- Provide access to expert lawyers and legal resources in your language.
Civil liability for damages in Spain is serious business, but it doesn’t have to be complicated. Knowing who pays what and when can help you avoid trouble — or react fast if you’re already in it.
And remember: when in doubt, Legal Allies is here to make the law clear — no fine print, no legal scares.
