Piety Versus Physics

When piety and physics come into conflict, physics always wins. And according to a recent ruling, filing suit won't help. A New Jersey man tried to sue an Applebee's restaurant because he was burned by the food he ordered while praying. When I first saw the headline I wondered how that was possible, but apparently the man must have bowed his head low enough that his face was right over the plate. Nobody needs to pray like that, unless they're trying to show off. At any rate, he claimed that he was entitled to damages because nobody warned him the food he ordered was hot. But the appellate court found the suit without grounds.

The man, Hiram Jimenez, claimed a waitress didn't warn him the dish was hot, but the lower court found the hot food posed an "open and obvious" danger. The incident occurred in March 2010 at the Applebee's restaurant in Westampton.

Jimenez said he bowed his head close to the table, then heard a loud sizzling noise followed by a grease pop. He then felt a burning sensation in his left eye and on his face.

The man said he then panicked and knocked the food on his lap, causing more burns. But none of the burns left any scarring. In their decision, the appellate judges said Jimenez described the skillet as "real hot" and smoking and therefore the potential danger was self-evident.

The dish Jimenez ordered was a "sizzling steak fajita skillet." That's right, it has "sizzling" right in the name that is written on the menu. But apparently he tried to argue that he had no possible way of knowing that the food was hot and therefore was entitled to damages. I'm glad that the court ruled the way it did, because otherwise it would mean our society would pretty much be subsidizing stupidity. Not only was Jimenez dumb enough to stick his face on top of the food, but if you do that and are burned no smart person then proceeds to dump the food in their lap.

I might be more sympathetic if Jimenez was actually injured, but it sounds like that isn't the case. He just did something really, really dumb and wanted the restaurant to pay up. So keep in mind that when you order an incredibly obviously hot dish at a restaurant and the server tells you it's hot, they're not implying they think you're an idiot. They're just trying to protect the restaurant from such individuals.