Fundación (Magdalena) tragedy: a church, the town and the traffic authority held liable for the bus fire that killed 33 children

On May 18, 2014, in Fundación (Magdalena), a 1993 minibus was carrying about 60 children home from a church's Sunday school. The bus broke down and the driver tried to start it by pouring gasoline in an improvised way. The vehicle caught fire: 33 children and a woman caring for them died.

In 2021, the Administrative Court of Magdalena had only held the church that hired the transport liable.

What the Council of State decided

On appeal in a class action, in a ruling made public on December 27, 2024, the Council of State held three parties liable:

• The church, 80%.
• The town of Fundación, 10%.
• Fundación's Traffic Institute, another 10%.

According to the press, the church's share equals 14,320 monthly minimum wages and each authority's share 1,790. In January 2025 the church paid its share.

Why it matters

The State was held liable even though its failure didn't directly cause the fire. Traffic authorities must make sure vehicles carrying passengers, especially children, are fit to do so. Letting an old, unsafe bus operate also counts.

What it means if something similar happened to you

In a transport accident, several parties can be liable at the same time: the company or whoever hired the service, the driver, the vehicle's owner and sometimes the authorities that should have supervised. Identifying all of them from the start is key, and each one has its own deadline to be sued.

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Sources

• El Tiempo (27 de diciembre de 2024)
• Infobae (27 de diciembre de 2024)
• El Espectador (27 de diciembre de 2024)
• El Tiempo (31 de enero de 2025)

This is a summary of public news written by García & Asociados Abogados for informational purposes. Every case depends on its own facts and evidence: it doesn’t mean another case will have the same outcome.

Photo: Town hall of Fundación, Magdalena — Gustavo (Gusotero), Dominio público, via Wikimedia Commons.