Man Who Prayed Over Fajitas & Got Burned Can't Sue ​for Injuries

fajitas

A man who tried to sue a New Jersey-based Applebee's after fajita grease  burned his eye and face has had his case dismissed. Before you say, "Woah! How does grease form a dangerous geyser?" you should know that the diner, Hiram Jimenez, actually bowed his head over his meal to say a prayer and that's when he heard the tell-tale "popping noise" that scorched him.

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While Jimenez says his waitress didn't warn him that the entree was hot, we can't help but point out that everyone's who ever read the detailed description of the dish on a menu would note the word "sizzling" is almost always involved. 

Multiple judges concluded that the danger was both "open and obvious" and therefore threw out the lawsuit. 

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While we certainly feel sorry for this guy, you'd think most adults would understand the consequences that accompany placing your face over a hot-off-the-stove skillet. If this were a young child, it would make more sense, but even then you'd think an adult would warn them to sit back and wait until the dish cools. 

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We're always reading about frivolous lawsuits filed by people who fail to recognize the obvious. We're glad to hear about one where common sense has prevailed. 

Do you agree with the judges or do you think this customer has a case? 

 

Image © Joshua Resnick/shutterstock

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