Man burned by fajitas while praying can't sue Applebee's

[Borgholio]

http://www.usatoday.com/story/news/nati ... /24403053/

WESTAMPTON, N.J. — A man who leaned over a plate of sizzling fajitas to pray can't sue a Westampton restaurant because the dish burned him, an appellate court ruled Wednesday.

Hiram Jimenez sought damages from Applebee's Neighborhood Grill and Bar after a March 2010 incident at the chain's restaurant on Burlington-Mount Holly Road. But an appellate panel said Applebee's can't be held responsible because the hot food posed an "open and obvious" danger.

According to the ruling, Jimenez ordered fajitas that were placed in front of him in a "sizzling skillet." When he bowed his head "close to the table," the ruling says, Jimenez heard "a loud sizzling noise, followed by 'a pop noise' and then felt a burning sensation in his left eye and on his face."

In an incident report prepared for Appelebee's, Jimenez said he was burned on his face, neck and arms after "grease popped" on the fajitas.

His lawsuit said a waitress did not warn Jimenez that the dish was hot. It argued Jimenez suffered "serious and permanent" injuries "solely as a result of (Applebee's) negligence when he came in contact with a dangerous and hazardous condition, specifically, 'a plate of hot food'."

A trial judge dismissed the suit, finding Applebee's — a California-based chain with more than 1,900 restaurants — was not required to warn Jimenez "against a danger that is open and obvious."

Jimenez appealed, but a two-judge panel came to the same conclusion.

It 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."

An attorney for Jimenez, Richard Wiener of Conshohocken, declined to comment. A lawyer for Applebee's could not be reached.

Amazing. Common sense prevailed. That's refreshing to hear.

[General Zod]

If it happened while he was praying then maybe it was an answer to his prayers. Applebee's can't be held responsible for acts of God.

[Flagg]

Now I may just be an old country lawyer, but clearly it wasn't the fajita skillet, but the very fires of Hell themselves that burned him.

[General Zod]

Now I may just be an old country lawyer, but clearly it wasn't the fajita skillet, but the very fires of Hell themselves that burned him.

God hates Applebee's.

[Grumman]

In Liebeck v. McDonald's Restaurants, I sided with the plaintiff, 100%. If a restaurant sells you a cup of coffee, you should be safe in assuming that that coffee is fit for human consumption. If it causes third degree burns and permanent scarring, it's not fit for human consumption.

In this case, the fajitas being delivered to the table in a sizzling frying pan and not in a plate is a clear indicator that it is not necessarily fit for human consumption yet, but not really being much of a cook I do wonder whether it is necessary to bring the food to the customer in a state where they risk being splattered with boiling oil if they get too close.

[Flagg]

In Liebeck v. McDonald's Restaurants, I sided with the plaintiff, 100%. If a restaurant sells you a cup of coffee, you should be safe in assuming that that coffee is fit for human consumption. If it causes third degree burns and permanent scarring, it's not fit for human consumption.

In this case, the fajitas being delivered to the table in a sizzling frying pan and not in a plate is a clear indicator that it is not necessarily fit for human consumption yet, but not really being much of a cook I do wonder whether it is necessary to bring the food to the customer in a state where they risk being splattered with boiling oil if they get too close.

Oh yeah, that McDonalds case being used as an example of needed TORT Reform and other such nonsense pisses me off. Wasn't the coffee like 200 degrees F?

[Terralthra]

In Liebeck v. McDonald's Restaurants, I sided with the plaintiff, 100%. If a restaurant sells you a cup of coffee, you should be safe in assuming that that coffee is fit for human consumption. If it causes third degree burns and permanent scarring, it's not fit for human consumption.

In this case, the fajitas being delivered to the table in a sizzling frying pan and not in a plate is a clear indicator that it is not necessarily fit for human consumption yet, but not really being much of a cook I do wonder whether it is necessary to bring the food to the customer in a state where they risk being splattered with boiling oil if they get too close.

"Served in a sizzling skillet" is part of the marketing appeal of the dish in the first place.

[Serafina]

Oh yeah, that McDonalds case being used as an example of needed TORT Reform and other such nonsense pisses me off. Wasn't the coffee like 200 degrees F?

It was hot enough to cause third-degree burns. 190°F (88°C), but details.
Which is NOT a "open and obvious danger". You don't see the temperature of the coffee from the outside. Furthermore, you're probably spilled coffee on yourself at some point without having your entire skin scorched off.

Compared to that, this was clearly visible, had no common experience indicating that it is safe and already comes with an implicit warning that it is served at a high temperature (if the dish is indeed known for being served fresh on the skillet).

So yes, a good common sense ruling.

[Ralin]

Doesn't Applebee's have that weird thing where the waiters stand there and try to chat with you after bringing your food?

Cus if there was a server nearby I could see the argument that they had some obligation to go "Hey dumbfuck, the grease is hot and jumps off the pan." Stupid people do need to be protected from themselves, after all.

[Terralthra]

Compared to that, this was clearly visible, had no common experience indicating that it is safe and already comes with an implicit warning that it is served at a high temperature (if the dish is indeed known for being served fresh on the skillet).

I confirmed it. Check out the URL for the dish: http://www.applebees.com/menu/entrees/s ... et-fajitas

[Silver Jedi]

I guarantee you the waiter warned him the skillet was hot when they set it on the table, too. As a server you get those little details hammered into you. My boss literally used to tell us that we had to say it so the restaurant wouldn't be sued when some idiot burned themselves touching the smoking, sizzling skillet. I can't stand Applebee's, but they did nothing wrong here.

[Broomstick]

Oh yeah, that McDonalds case being used as an example of needed TORT Reform and other such nonsense pisses me off. Wasn't the coffee like 200 degrees F?

(if the dish is indeed known for being served fresh on the skillet).

The "sizzling hot skillet" is a prominent feature of Appleby's advertising and promotional materials. The phrase is used in prominent lettering in the menu. In my experience the wait staff usually do remind you it's hot. It's small, cast-iron skillet just like you'd use for cooking eggs or something on your stove. You can hear it sizzling. It's served with something between the skillet and the table to protect the table. You can feel the heat coming off it.

Assuming mommy and daddy taught you that cooking stove=hot and don't touch the pans while mommy's cooking you should be able to figure this out.

That's quite different than being handed an insulated foam cup you can safely hold without having a clue the liquid inside is dangerously hot.

[Ralin]

Well okay, that shoots down that idea. Though reading article it seems less that he didn't realize it was hot and more that stupid person didn't realize grease splatter was a thing.

[Broomstick]

Yeah, well, maybe he's one of those Bible-thumpers heavily into traditional gender roles and has never been inside a kitchen himself, accustomed to having his house-drudge wife put food in front of him ready for consumption.

[Ralin]

Maybe so, maybe so.

But then, I only learned that dish detergent and dishwasher detergent aren't the same thing when I was thirty, so it's amazing the things you can not know. Guess I'm mostly just spitballing ideas for how this could be less dumb than it sounds.

[Korto]

Well try this.
He did something stupid without thinking. Hands up all those who've never done something stupid without thinking.
Well, that identifies all the bloody liars.
But he's one of those people who never make mistakes, it's never his fault. He got hurt, so someone else must be to blame.
He may have also seen the possibility for a big pay-out, like the McDonald's coffee (which factually isn't at all the same, as is pointed out above, but nonetheless)

I wouldn't doubt the waiter warned him. He probably wasn't listening, didn't hear it, and may honestly believe he wasn't warned. Even if he acknowledged the waiter's words he still may not have been listening and he never really heard it.

[Tribble]

Well, when I was 10 I once stuck I car's cigarette lighter on my finger to see how hot it was. I learned two things that day - cigarette lighters are hot, and when chunks of my skin is sizzling on one it smells an awful lot like bacon.

[Flagg]

Well, when I was 10 I once stuck I car's cigarette lighter on my finger to see how hot it was. I learned two things that day - cigarette lighters are hot, and when chunks of my skin is sizzling on one it smells an awful lot like bacon.

See, I find the smell of burning human flesh to be more like 'Fritos'. From the times I had to get a funky looking mole taken off my face. I had it from birth, but it started changing shape so now I have a cool scar.

[Broomstick]

But then, I only learned that dish detergent and dishwasher detergent aren't the same thing when I was thirty, so it's amazing the things you can not know. Guess I'm mostly just spitballing ideas for how this could be less dumb than it sounds.

Since not everyone has mechanical dishwashers I can see someone 30 years old not knowing that. However, "hot food for dinner" is a nearly universal experience. How can you reach adulthood and not realize that cooked foods can be dangerously hot?

I mean, I have pets that understand that concept and know to approach cooked foods cautiously and will also respond appropriately to the word "hot". This should be well within the grasp of an adult human, provided said heat is not concealed by, say, an insulating stryrofoam container.

Sure, it's part of a post-accident analysis to think "gee, is there some way this could have been prevented? Did something contribute to the problem?" but sometimes you just have to recognize people get distracted or have a brain fart or they're just a dumbass.

[Soontir C'boath]

It was God's will he was burnt.

Edit: Applebee's cannot be held accountable for an act of God.

[General Zod]

It was God's will he was burnt.

Edit: Applebee's cannot be held accountable for an act of God.

Beat you to that joke about a page ago.

[Flagg]

The fact that there even is an Applebee's is proof positive that there is no God.

[Purple]

The fact that there even is an Applebee's is proof positive that there is no God.

As someone completely unfamiliar with the chain I have to ask why.

[Soontir C'boath]

It was God's will he was burnt.

Edit: Applebee's cannot be held accountable for an act of God.

Beat you to that joke about a page ago.

Ack, fuck it, it needed to be repeated again!

The fact that there even is an Applebee's is proof positive that there is no God.

As someone completely unfamiliar with the chain I have to ask why.

Since most of their stuff is put in a microwave before serving, I would rather just see the stuff in supermarkets and it beats paying the damn tip.

[phred]

Is that why their fries are so universally bad?

Also, why did he feel the need to bow his head all the way to the table to pray?