The National Court has rejected a claim for nearly half a million euros brought by a family from Almoradí whose home was destroyed during the severe floods in Vega Baja caused by the September 2019 dana (intense storm system). The court ruled that the extraordinary nature of the weather event constitutes a case of force majeure, meaning the state cannot be held responsible.
Background of the Claim
The family sought €484,061 in compensation for the total loss of their home in Partida El Gabato, located just metres from the Segura River at the Algorfa bridge, where a flood embankment gave way. The house was reduced to rubble, with only one wall remaining, with the family having to be rescued by emergency services.
Before appealing to the National Court, the claimants submitted an administrative request to the Ministry for the Ecological Transition, which was denied. They argued that the Confederación Hidrográfica del Segura (CHS), responsible for maintaining river infrastructure, had failed to carry out necessary repairs despite warnings from the local council and the Water Court of Alfeitamí. An expert engineering report presented by the family concluded that this neglect contributed to the embankment failure.
Exceptional Weather Cited
The National Court rejected the claim, emphasising the unprecedented intensity of the storm. The judgement notes that rainfall reached up to 500 mm/m² — the highest in Vega Baja in at least 100 years — with 38 hours of torrential rain releasing a volume of water equivalent to 85% of the Guadalest reservoir. The judges cited the rapid and disproportionate inflow of water, amplified by regulated discharges from the Santomera reservoir, as making the flooding unavoidable.
Based on advice from the Council of State, the court concluded that even if the requested maintenance had been performed, the catastrophic damage could not have been prevented. The CHS later reinforced the embankment during emergency repairs after the storm.
Compensation Already Paid
The family received €30,082 for household contents and €120,570 for the building from the Insurance Compensation Consortium, along with additional advances. They did not claim national government disaster relief but attempted to access regional aid from the Generalitat, which they forfeited due to incomplete documentation.
Broader Context
The ruling highlights the difficulty of assigning liability in extreme natural disasters. A separate criminal complaint filed by local water councils and irrigation unions against the CHS for alleged negligence was eventually withdrawn, and the case was archived.
