A New Jersey Man Can’t Sue Applebees For Getting Burned By A Fajita While Praying

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If you decide to eat good in the neighborhood and feel zesty enough to order the fajitas, please listen for the sound of the sizzle song so that it can steer you away from face burns as you clasp your hands together to commune with your higher power. One New Jersey man didn’t hear the song when he went to his local Applebees, and thanks to an appeals court, all he has to show for his pain is the memory of a grease pop and the feeling of the hot fajita dish hitting his lap as he accidentally knocked it off the table.

A New Jersey man cannot collect damages for burns he suffered while bowing his head in prayer over a sizzling steak fajita skillet at Applebee’s, a state appeals panel ruled today.

In March 2010, Hiram Jimenez visited the restaurant in Burlington County with his brother, Rafael, and ordered a steak fajita, which was brought to him in a sizzling skillet, according to court records. The waitress allegedly did not warn him the dish was hot.

According to NJ.com, the judge from the lower court — whose decision was backed up by the appeals court — said that the dangers associated with the sizzling fajita dish was “open and obvious” when he issued his initial ruling, and the appeals court echoed those sentiments. Still, no financial restitution at all? Not even a gift card, half-priced apps for life, or a box of “rah-rah” town spirit bric-a-brac? I guess the life lesson and questions about why he was forsaken will have to suffice, but that’s not as good as a BOGO coupon.

Via NJ.com