Entex v. Gonzalez

In Entex v. Gonzalez, 94 S.W.3d 1 (Tex. App.-Houston 14th Dist. 2002, pet. denied), the Gonzalez family had a gas-fired water heater that was not elevated off the floor of the utility room. The Gonzalezes stored gasoline in the utility room. One day, the pilot light of the water heater ignited gasoline fumes, started a fire, and injured the four-year-old daughter. The Gonzalezes sued the gas utility, Entex. Entex, 94 S.W.3d at 4. The court of appeals stated there was "no evidence that an unelevated water heater is itself a dangerous condition, but only that a dangerous condition can be created if flammables are placed near it." Id. at 7 n.10.