A week has passed since the fire at the Burro Canaglia restaurant in Madrid, where two people died, but many unknowns are still in the air. At first, the City Council - through the deputy mayor and later the mayor - came out saying that all the licenses were in order, but therein lies one of the keys to future compensation. The insurer will require documentation from the City Council and the franchisee to verify that everything was in order. Her obligation is to pay, but later she could pass on the compensation to a third party if an irregularity occurs in the investigation.
In this context of uncertainties and ongoing investigations, contradictory information has been exchanged throughout the week. Although it was published that the restaurants of said franchise were closed throughout Spain, it is not true. At forced marches, the restaurant chain had to make a statement denying such terms. Some City Councils, such as Santander or Bilbao, have requested inspections to verify on-site that the establishments in those cities comply with current regulations. La Vanguardia reviews the four most important points that are still open.
The families of the two people who died in the fire are entitled to various compensation and the injured may receive compensation depending on the days they are off. The franchisee must have civil liability insurance, whose amount ranges between 150,000 and 200,000 euros for a place of these characteristics, about 100 diners. In addition, the waiter who died, who had only been working in the restaurant for a week, should have accident insurance, contracted by the employer, which must amount to at least 25,000 euros in cases of death, according to sources in the insurance sector. And finally, the respective families of the deceased and the ten injured can request damages for the consequences based on the figure calculated and decided by their lawyers. The father of the deceased young man, in that last chapter, wanted to make a common front with all those affected to file a joint lawsuit for negligence.
The Madrid City Council argues to La Vanguardia, from the Urban Development area, that "there is an investigation underway, in which the City Council collaborates in everything necessary, which will clarify what happened and the details."
Before granting any license, it is mandatory to make an inspection visit to see that all the requirements are met. One of the problems is that the license for the restaurant was granted to a previous business owner.
The Madrid franchisee, a small entrepreneur, may have applied for a loan to start up his restaurant a little over a couple of years ago. His business has literally burned down, his employees cannot come to work and the image of the master franchise has been called into question. In addition, he has to deal with the insurer's requirements to prove that all licenses were in order. A difficult exit crossroads.
Changes in decoration or furniture do not require municipal authorization, as long as the industrial or essential elements are not modified. However, all elements must comply with current fire protection regulations, including the Technical Building Code, with state regulations, and the municipal Ordinance. Those responsible must be able to present a certificate that proves it. In the case of the Burro Canaglia restaurant, the problem was that the leafy decoration burned at full speed in a matter of seconds, with which it is being investigated whether it complied with the regulations and the inspection had been passed. According to Facua, the kitchen of the Burro Canaglia restaurant in Madrid did not meet the characteristics of the kitchen license that the brewery previously located on that location had held since 1997. The artificial plants that covered much of the ceiling and walls of the restaurant were held in place by wire mesh. As a result of the flames, this structure collapsed on the tables and the floor of the premises at high temperatures, which left those affected with no escape.
