Judge indicts six managers and architects over fatal 2023 Madrid restaurant fire

Judicial ruling and indictments

Magistrate Javier Ignacio Reyes López of Madrid Investigating Court Number 46 has formally closed the preliminary investigation into the fatal blaze at the Burro Canaglia restaurant. The court issued an order converting the case into an abbreviated procedure, initiating the intermediate phase ahead of a joint trial. The magistrate granted a 10-day period for the public prosecutor and private accusations to submit their formal indictments or request dismissals. The order targets six individuals for suspected offenses against workers' rights and reckless homicide or severe injuries resulting in death. Among the accused are Jesús C. C., the sole administrator of operating company La Perla di Montello S.L., the restaurant manager, two administrators from franchisor Foodology Lab, and two architects responsible for the establishment's architectural renovation and interior design.

The night of the fire

The incident occurred on the evening of 21 April 2023 inside the Italian restaurant located on Plaza de Manuel Becerra in Madrid, which originally opened on 2 January 2022. According to judicial records, a group of six customers seated at table number 19 ordered a dish known as Pizza Carnívora Inferno. Waiter Cristian Adrián V. carried the dish from the rear kitchen while using a handheld blowtorch to flambé the food. As the employee passed an interior structural column near the entrance, the flame ignited decorative floral arrangements composed of paper, dried vegetation, and synthetic plastic. Restaurant staff and a customer attempted to extinguish the fire using water, an ice bucket, and a portable fire extinguisher. The blaze spread vertically up the column and across the decorative ceiling foliage within seconds, cutting off exit pathways for occupants.

Casualties and workplace safety findings

The fire resulted in three deaths and left 15 other individuals injured. Two customers, Alexandra V. S. and María M. A., along with kitchen employee Julián R. A., lost their lives after being trapped in the burning premises. Two victims died at the scene at 23:30, while the third died subsequently in medical care. Official forensic investigations confirmed that all three fatalities resulted from asphyxia caused by hypoxemic hypoxia. Thirteen people required specialized medical or surgical treatment for physical burns and smoke inhalation, while two additional people received medical documentation for post-traumatic stress disorder. The rectangular layout of the venue, which featured the kitchen at the rear separated only by a service bar, forced escaping diners to flee toward both the front exit and the kitchen area.

Safety violations and licensing failures

Technical reports compiled by the Provincial Labour and Social Security Inspectorate and the Regional Institute of Safety and Health at Work formed the evidentiary basis for the indictment. Investigators identified multiple compliance failures, including serving open-flame dishes in non-designated dining areas and maintaining combustible plastic foliage without proper fire retardants. The reports also noted the absence of an unobstructed emergency evacuation route and the physical obstruction of one access door leading to the street. In the judicial order, Magistrate Reyes López noted the collective failure of all participating commercial entities to evaluate the fire risks inherent in the restaurant's operational and decorative design.

None of the companies involved in the architecture, engineering, or decoration projects, nor the activity holder or the franchisor, assessed the fire risk present in the premises; there is no record that the company Garrigues Retail, in the presentation of the municipal license, presented an emergency plan for the premises, distinct from the emergency floor plan...