Tags: applebees | fajitas | burn | praying | man

Applebee's Fajitas Burn Praying Man's Face; Court Says Duh?

By    |   Friday, 06 Mar 2015 08:19 AM

Sizzling Applebee's fajitas present an "open and obvious" danger that does not require a warning, a New Jersey appellate court has ruled, saying the chain can't be held responsible for a man being burned by the dish while praying.

Hiram Jimenez filed a lawsuit against Applebee's Neighborhood Grill and Bar in Westampton  charging that the waitress didn't warn him the fajitas plate was hot when it was served to him in March 2010, according to the Courier-Post.

Jimenez argued that he suffered "serious and permanent" injuries when he was injured when he began to pray over the food, noted the Courier-Post. The plaintiff said his injuries were "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.'"

According to court documents, cited by the New York Post, Jimenez ordered the "sizzling fajita platter," but said the waitress didn't tell him the plate would be hot when he received it.

"After the waitress walked away, Rafael (Jimenez) reached over and said, 'Let's have prayer,'" the court documents said. "Plaintiff bowed his head '[c]lose to the table.'"

Jimenez said the plate left him with "several burns to face, neck and arms," but no scarring, according to the court documents.

The two-judge appeals panel, though, ruled that the hot plate of food in front of Jimenez was obvious enough that it did not require a notice, noted the Post.

"Defendants had no duty to warn plaintiff that the food was sizzling hot and should be approached with due care," the judges ruled.

The Courier-Post reported that the original trial judge dismissed Jimenez lawsuit with a similar finding, stating that Applebee's was not obligated to tell Jimenez "against a danger that is open and obvious."

The appeals panel stated that companies are responsible for discovering and eliminating "dangerous conditions, to maintain the premises in safe condition and to avoid creating conditions that would render the premises unsafe."

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Sizzling Applebee's fajitas present an "open and obvious" danger that does not require a warning, a New Jersey appellate court has ruled, saying the chain can't be held responsible for a man being burned by the dish while praying.
applebees, fajitas, burn, praying, man
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2015-19-06
Friday, 06 Mar 2015 08:19 AM
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