Court: Man Burned By Fajitas While Praying Can’t Sue Applebee’s
In a sign that we have not run out of sanity quite yet in this country, an appellate court has ruled that a New Jersey man who leaned over a plate of sizzling fajitas to pray can't sue Applebee's restaurant because the dish burned him.
According to USA Today, Hiram Jimenez sought damages after he ordered fajitas that were then 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."
However, an appellate panel has said Applebee's can't be held responsible because the hot food posed an "open and obvious" danger:
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."
I can't imagine the person who decides it's a good idea to put your face inches away from a hot plate of sizzling food that you literally can hear from across the restaurant. I guess the judges couldn't either. There goes my idea for a "cooking bacon while shirtless" lawsuit.