Diner Told (Once Again) That He Can’t Sue for Injuries Sustained While Praying Over Sizzling-Hot Fajitas March 5, 2015

Diner Told (Once Again) That He Can’t Sue for Injuries Sustained While Praying Over Sizzling-Hot Fajitas

As far as bad ideas go, hovering over a skillet full of sizzling fried food, even if it is to commune with the divine, would certainly make the list… and credit goes to a prayerful diner in Burlington County, New Jersey for coming up with it.

In March of 2010, Hiram Jimenez ordered fajitas from an Applebee’s restaurant. When the food was brought out and set before him, he leaned forward to pray. That’s when things turned unpleasant.

The man said he bowed his head, then heard a loud sizzle followed by a grease pop. He then felt a burning sensation in his left eye and on his face.

The man said he panicked and knocked the food on his lap, causing more burns. The burns didn’t cause scarring.

Despite the obvious danger, Jimenez believed that it was Applebee’s responsibility to advise him that fatty, sizzling food presented in a hot skillet might present a hazard — and filed a lawsuit against the restaurant.

The case was initially dismissed, and yesterday, an appellate court upheld that decision.

It [the ruling] noted business owners are required to “discover and eliminate dangerous conditions, to maintain the premises in safe condition and to avoid creating conditions that would render the premises unsafe.”

But it said the risk posed by the hot platter was “self-evident.” Applebee’s, the ruling said, “had no duty to warn (Jimenez) that the food was sizzling hot and should be approached with due care.”

It’s unfortunate that Jimenez chose to put his face near sizzling food, and really kind of absurd that he thinks Applebee’s is responsible for that bad decision. At least he suffered no scarring or further harm due to his carelessness.

(Image via Shutterstock. Thanks to Lauren for the link)

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