It depends on origin and cause, and there is usually more than one answer. A landlord may answer for failed alarms, blocked exits, or ignored maintenance requests. A maintenance contractor may answer for the wiring or the appliance install. A manufacturer may answer for the product that ignited. A utility may answer for the gas line. Another tenant may answer for what happened in their unit. Determining which requires an investigation, not an assumption.

Subchapter F of Chapter 92 of the Texas Property Code requires a landlord to install smoke alarms and to maintain them. Section 92.259 makes a landlord liable for failing to install one at the time of initial occupancy, or for failing to install, inspect, or repair within seven days after the tenant gives written notice. The written notice requirement is why a text or an email requesting a repair can matter more than anything else in the file.

Substantially. It triggers the statutory tenant remedies and it is direct evidence of negligence, because the entire purpose of the alarm is the seconds it buys people to get out. In a case where someone did not wake up, or woke too late, the absence of a working alarm is not a technical violation. It is the causal link.

Through a systematic origin and cause investigation conducted by a qualified fire investigator following recognized fire investigation methodology. It works backward from burn patterns, char depth, and heat and smoke damage to isolate the area of origin, then examines the potential ignition sources inside it, including appliance forensics and electrical analysis. Guesswork about what was plugged in where does not survive scrutiny.

Because the scene is the case, and it is not preserved by default. Insurers frequently conduct their own investigation immediately and then release the property for demolition. Once debris is removed or the structure is razed, no expert can determine origin and cause, and the claim becomes an argument about memory. A preservation demand and an independent inspection have to happen in days.

That points at the utility, the line installer, an appliance manufacturer, or a contractor who struck a line while digging. The evidence is specific and it exists: odorization records, prior leak calls at that address, pressure and maintenance logs, and the one-call locate tickets that record whether a contractor requested a line locate before excavating. All of it is obtainable and all of it is on retention schedules.

Yes, under Texas products liability law, on a manufacturing defect, a design defect, or a failure to warn. The single most important thing you can do is preserve the product itself, however badly burned, along with any packaging, manuals, receipts, and model and serial information. A burned appliance is not worthless evidence. It is frequently the entire case.

Worth checking on day one. Recalled heaters, lithium-ion batteries, appliances, and electrical components are a recurring cause of residential fires, and a recall does two things at once: it supports the defect claim, and it establishes that the manufacturer already knew about the danger, which bears on gross negligence.

Workers' compensation may cover your medical care and income benefits, but it pays nothing for pain, impairment, or disfigurement, which are the dominant losses in a serious burn case. A contractor, equipment supplier, chemical supplier, or plant owner other than your employer can be sued separately for the full range of damages.

Well beyond the initial hospitalization. Serious burns require repeated grafting and reconstruction over years, pressure garments, scar management, contracture release, and psychological treatment. Fire cases also involve total loss of personal property and, frequently, the death of a family member, which is a separate wrongful death claim with its own rules.

Two years from the incident under Civil Practice and Remedies Code § 16.003. The evidence deadline is measured in days, because the scene and the product are both routinely destroyed long before anyone thinks about a lawsuit.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.