A New Jersey man cannot seek compensation from Applebee's Neighborhood Grill & Bar after being burned by fajitas, an appellate panel ruled last week.
Hiram Jimenez claimed injury after burning his face and body in March 2010, but the chain restaurant was found not to be responsible for the accident.
Jimenez ordered the fajitas from a location on Burlington-Mount Holly Road in Westhampton, and it was served in a "sizzling skillet," according to court documents. When he bowed his head to pray "close to the table," he heard "a loud sizzling noise, followed by 'a pop noise' and then felt a burning sensation in his left eye and on his face."
The shocked customer claimed that he was not told by his waitress that the skillet was hot, and sustained "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.'"
Specifically, Jimenez claimed that he suffered burns to his face, neck and arms after "grease popped" on him.
The two-person appellate panel found that businesses have a duty to "discover and eliminate dangerous conditions, [and] to maintain the premises in safe condition and to avoid creating conditions that would render the premises unsafe." However, the panel also found that the sizzling skillet posed an "open and obvious" danger, and the waitress "had no duty to warn (Jimenez) that the food was sizzling hot and should be approached with due care."
A trial judge came to the same conclusion, and previously dismissed the lawsuit. Jimenez's attorney, Richard Wiener of Conshohocken, declined to comment on the appeal decision. An attorney for Applebee's could not be reached by the Courier-Post.
