We’ve all prayed to the God of Mexican food at least once in our lives. Thank God for these tacos. Lord, bless this burrito. Jesus, I want to fuck this enchilada so fucking badly. It’s a normal, natural reaction to being presented with delicious Latin cuisine.
But most, and I would actually assume all, have not kneeled down to pray in front of a sizzling, steaming hot plate of fajitas, gotten so close to it we’ve burned our faces, then tried to sue Applebee’s.
That’s because most of us are not Hiram Jimenez. From USA Today.
Hiram Jimenez sought damages from Applebee’s Neighborhood Grill and Bar after a March 2010 incident at the chain’s restaurant on Burlington-Mount Holly Road. But an appellate panel said Applebee’s can’t be held responsible because the hot food posed an “open and obvious” danger.
Yea man, that’s the sizzle! Can’t have fajitas without sizzle. Have you never even had Mexican before?
According to the ruling, Jimenez ordered fajitas that were 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.”
A judge dismissed his suit basically on the principle of “DUH.”
A trial judge dismissed the suit, finding Applebee’s — a California-based chain with more than 1,900 restaurants — was not required to warn Jimenez “against a danger that is open and obvious.”
Jimenez appealed, but a two-judge panel came to the same conclusion.
[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.”
Come on, dude. Don’t stick your face in the Mexican food. That’s Eatin’ 101.
Also, don’t order fajitas at Applebee’s, but that is a lecture for another time.