--- title: Man Can’t Sue Applebee’s for Burns He Got While Praying Over Fajitas description: According to a new court ruling canonical: https://time.com/3733475/man-cant-sue-applebees-fajitas-burns-praying/ author: Melissa Locker article:opinion: false article:content_tier: free article:published_time: 2015-03-05T17:56:27.000Z article:modified_time: 2026-04-13T07:17:25.515Z og:title: Man Can't Sue Applebee's for Burns He Got While Praying Over Fajitas og:description: According to a new court ruling og:url: https://time.com/3733475/man-cant-sue-applebees-fajitas-burns-praying/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blta81e6e88cba2edc9/6987824a3c163935044521c5/aplebees-fajitas.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: Applebee's restaurant exterior logo og:type: article twitter:card: summary_large_image twitter:title: Man Can't Sue Applebee's for Burns He Got While Praying Over Fajitas twitter:description: According to a new court ruling twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blta81e6e88cba2edc9/6987824a3c163935044521c5/aplebees-fajitas.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # Man Can't Sue Applebee's for Burns He Got While Praying Over Fajitas by [Melissa Locker](https://time.com/author/melissa-locker/) ## Melissa Locker Mar 5, 2015 5:56 PM UTC  POUGHKEEPSIE, NEW YORK, UNITED STATES - 2014/10/25: Applebee's restaurant exterior logo. (Photo by John Greim/LightRocket via Getty Images) POUGHKEEPSIE, NEW YORK, UNITED STATES - 2014/10/25: Applebee's restaurant exterior logo. (Photo by John Greim/LightRocket via Getty Images)John Greim—Getty Images by [Melissa Locker](https://time.com/author/melissa-locker/) ## Melissa Locker Mar 5, 2015 5:56 PM UTC A New Jersey man who was burned by a plate of hot fajitas while dining at Applebee’s can’t sue the restaurant over his injuries, according to an appellate court. Hiram Jimenez took the chain restaurant to court because he said his waitress failed to alert him that his meal was hot. After being served, the court ruling says he bowed his head to pray over the crackling plate, and some oil popped and burned his face. Jimenez says he then panicked and knocked the plate in his lap, causing more burns, none of which resulted in scars, [according to court records](http://www.nj.com/news/index.ssf/2015/03/nj%5Fman%5Fburned%5Fwhile%5Fpraying%5Fover%5Ffajita%5Fskillet%5Fno.html). He filed suit seeking damages on the grounds that he 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 had no duty to warn Jimenez “against a danger that is open and obvious” like a sizzling hot plate of fajitas. Jimenez appealed, but an appellate panel confirmed the lower court ruling, saying Applebee’s can’t be held responsible because the hot food posed an a risk that should be “self-evident” and thus “approached with due care.” \[H/T [USA Today](http://www.usatoday.com/story/news/nation/2015/03/04/man-burned-by-fajitas-cant-sue-applebees/24403053/)\] Man Can’t Sue Applebee’s for Burns He Got While Praying Over Fajitas ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/3733475/man-cant-sue-applebees-fajitas-burns-praying/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/3733475/man-cant-sue-applebees-fajitas-burns-praying/"},"headline":"Man Can't Sue Applebee's for Burns He Got While Praying Over Fajitas","datePublished":"2015-03-05T17:56:27.000Z","dateModified":"2026-04-13T07:17:25.515Z","description":"According to a new court ruling","url":"https://time.com/3733475/man-cant-sue-applebees-fajitas-burns-praying/","keywords":["Newsfeed","Health Care","Food","prayer","lawsuits"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blta81e6e88cba2edc9/6987824a3c163935044521c5/aplebees-fajitas.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Melissa Locker","jobTitle":"","url":"https://time.com/author/melissa-locker/"}],"articleSection":"","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blta81e6e88cba2edc9/6987824a3c163935044521c5/aplebees-fajitas.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Applebee's restaurant exterior logo","caption":"POUGHKEEPSIE, NEW YORK, UNITED STATES - 2014/10/25: Applebee's restaurant exterior logo. 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