At Summons, we specialise in professional negligence and civil liability after years of defending and pursuing claims against insurance companies in Madrid and throughout Spain. Our professional experience in negligence proceedings across different sectors allows us to fully understand all the intricacies involved in a professional negligence case, a crucial specialization for achieving success.
Corporate directors can be held civilly liable for potential negligence under the well-known principle of liability derivative to the director, wherein they are personally responsible with their own assets.
One of the actions to address potential negligence by a corporate director is known as "liability for debts". According to the Spanish Capital Companies Act, directors who fail to convene a general meeting within two months to adopt dissolution agreements are liable for subsequent social obligations after the legal cause of dissolution has occurred, as well as directors who fail to request judicial dissolution or, if applicable, insolvency of the company within two months.
The other approach is through an "action for damages" against directors, which requires proving the director's negligence, the financial harm suffered by the injured party, and the causal link between the director's negligence and the financial harm.
At Summons, we specialise in claiming against corporate directors for professional negligence. If you have a debt with a company and believe there may have been negligent actions by the management body, contact us.
At Summons, we are also experts in defending and pursuing claims for professional negligence against property managers in their professional capacities.
After years of defending and pursuing claims against property managers, we understand the primary causes of professional negligence in property management:
- Errors in community accounting.
- Mistakes in managing community employees.
- Errors in applying for subsidies for community works.
- Mistakes in acting as secretaries during owners' meetings.
If you believe your property manager may have committed negligence resulting in harm to your community, contact Summons to assess the viability of your case.
Negligence cases involving lawyers, procurators and financial advisors are becoming increasingly common. Often, lack of specialization or excessive workload leads to professional errors that result in significant financial losses for clients and sometimes legal consequences for the injured party.
At Summons, as specialists in negligence by lawyers, procurators and financial advisors, we have observed that the main errors include:
At Summons, we also specialize in negligence due to construction defects, with extensive experience in defending and pursuing claims against construction agents and their insurers: builders, developers, architects, surveyors, among others. Additionally, we collaborate with top technical experts. If you have suffered damage to a building or property and wish to explore your options for legal recourse, contact us for assistance.
Frequently Asked Questions (FAQ)
No. It is possible to explore the feasibility of attributing responsibility to the directors for possible damages and negligence in their professional duties; debts for which they would be personally liable due to professional negligence. Additionally, many directors have D&O insurance that covers their potential negligence, so in such cases, the compensation would be paid by the insurer.
The mere failure to submit documentation by the property manager does not always result in liability. It must be proven, among other things, that the property manager was responsible for initiating the grant application and required to submit the documentation for qualification. Furthermore, in cases where the final qualification for the grant was not submitted, it must be demonstrated that the works were completed on time and all documentation relating to the end of the works was submitted, or at least that the manager did not request an extension of the deadline.
The sole lack of information does not automatically entitle you to compensation. Firstly, it must be proven that the lack of information constitutes professional negligence on the part of the lawyer, and it must be demonstrated that the inability to appeal resulted in a loss of opportunity; that is, there were real possibilities of satisfying your interests through a possible appeal of the decision. If you believe your lawyer may have committed negligence, do not hesitate to contact Summons to assess the viability of your case.
If as a result of negligence by a tax advisor damage has been caused, such as a fine imposed by the authorities, the tax advisor could be held liable for negligence. If you believe you have suffered negligence from your tax advisor, contact Summons to assess the viability of your case and proceed with a claim if possible.
No. The company's administrator is not personally liable for all debts incurred by the company. It must be proven that the circumstances fall under the specific cases outlined in the Capital Companies Law to attribute responsibility to the administrators.
No. In addition to proving the property manager's negligence in handling the community's accounting, it must be demonstrated that damage occurred to the community's assets and that such negligence was the cause of the damage.
Just as in the case of lawyer negligence, in cases of negligence by attorneys, in addition to proving the negligence of the solicitor, it must be demonstrated that there was a loss of opportunity; that is, the expiration of the deadline effectively caused harm to the client.
No. Before filing a claim, the potential responsibility of each construction agent must be analyzed, and this will require a technical expert opinion. At Summons, we work with the best experts specializing in construction defects to enhance the chances of success in your case.
