Sizzling Hot Lawsuit Fizzles Out Print
Wednesday, March 11 2015

A New Jersey man recently lost his lawsuit against a local Applebee's after claiming the restaurant chain was liable for burn damages he suffered while bowing his head in prayer over a sizzling steak fajita skillet.

Hiram Jimenez claims that the waitress failed to warn him that the skillet upon which his steak fajita dinner was served was hot. Court records indicate that when Jimenez bowed his head close to the table to pray he heard a loud sizzling noise followed by a grease pop, and felt a burning sensation in his left eye and on his face. Jimenez said he panicked and knocked the plate of food on his lap, causing more burns. None of the burns left any scarring, records show.

According to news reports, the lower court dismissed the case, finding that the danger posed by the sizzling fajita plate was "open and obvious" and that Jimenez chose to put his face close to it. The appeals panel affirmed the lower court's findings.  

"Here, the danger posed by a plate of sizzling hot food was self-evident," the two-judge panel ruled.

Source:  nj.com