Unlicensed Plumber Caused a Fire In Texas
In Temple Eastex, Inc. v. Old Orchard Creek Partners, Ltd., 848 S.W.2d 724 (Tex. App.--Dallas 1992, writ denied), an unlicensed plumber caught some fiberboard located in an apartment building on fire with a torch. Temple Eastex, Inc., 848 S.W.2d at 733.
The fire would go out for a second, then flame back up. Id.
Another plumber helped extinguish the fire by pouring water over it. Id.
The plumbers left thirty minutes later, thinking they had put the fire out. Id.
Two or three hours after the plumbers left, flames engulfed the apartment complex. Id.
The fire marshal's investigation eliminated other possible causes of the fire besides the plumber's torch. Id. the fire marshal showed that the fiberboard used had a rekindling effect that was almost impossible to put out. Id. at 734.
The court held that there was some evidence that the fiberboard proximately caused the damage to the plaintiff. Id.
We notice that in that case there was a short time span between when the plumber started the fire and when the fire engulfed the apartment; there was evidence that a fire in the fiberboard would appear to be out when it was not; and there was evidence of an investigation that eliminated any other possible causes of the fire.