"This Is How You Pray -- and Then Sue"

The famous figure of the man giving thanks for his daily bread demonstrates why, when praying over one's food, we should keep a reasonable distance (h.t. Larry Johnson).

Unlike the unnamed figure in the painting, it seems that a Mr. Hiram Jimenez got a bit too close to a sizzling plate of fajitas at his local Applebees' and burned his face.  He then sued the restaurant chain for negligence.  Burned by Hot Fajitas

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.

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."

In an incident report prepared for Appelebee's, Jimenez said he was burned on his face, neck and arms after "grease popped" on the fajitas

His lawsuit said a waitress did not warn Jimenez that the dish was hot. It argued Jimenez suffered "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'."

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."

The initial suit was dismissed, and an appelete court agreed--throwing the whole thing out.

Better to follow the example set by the old man--keep your soup cool and your face far away from the table!