How to Claim Damages in Spain 2026: Civil Liability Guide

What is tort liability in Spain?

Tort liability (responsabilidad civil extracontractual) arises when a person causes harm to another without a pre-existing contract. It is governed primarily by Art. 1902 of the Civil Code: "Anyone who, by act or omission, causes damage to another, through fault or negligence, is obliged to repair the damage caused."

The three required elements

1. Negligent act or omission: conduct below the standard of care of a reasonable person (Art. 1104 CC).
2. Real and quantifiable damage: including actual loss (daño emergente), lost profit (lucro cesante), and moral harm.
3. Causal link: the damage must be a direct consequence of the defendant's conduct.

Limitation periods

The general limitation period for tort claims is 1 year from when the injured party became aware of the damage (Art. 1968.2 CC). Product liability claims have a 3-year period (Art. 143 RDL 1/2007).

Quantifying damages

Actual loss is proven with invoices and medical certificates. Lost profit requires tax returns, frustrated contracts and expert financial reports. Moral harm is assessed by courts based on severity, duration and comparable case law. The traffic accident barème (Law 35/2015) is frequently used as a reference for personal injury outside the traffic context, though it is not mandatory.

Lexiel helps lawyers quantify damage claims, search comparable recent case law and structure pleadings with up-to-date legal foundations.