Apartment house fires

A Dallas county jury returned a verdict for the death of a mother and two children in an apartment house fire. Tex. Prop. Code Ann. § 92.259(a)absolves the owner from liability for failure to provide smoke alarms unless the tenant specifically requests an alarm unless the property did not have a smoke alarm at the time initial occupancy. The case involved the application of the National Fire Code and HUD regulations as they apply to persons who are deaf and the proper placement of the alarms. The statute does not require visual alarms in the case of deaf tenants although they are required by the National Fire Code and HUD regulations. The proper placement of smoke alarms is critical for the deaf since they must be within the line of sight.