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Burned at Local Restaurant

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S

Sher

Guest
I recently burnt my arm on a hot iron skillet plate at a Mexican Restaurant (huge national chain). I'm sure I'm one of hundreds this has happened to. Yes, they said "the plates hot", they didn't tell me it was right out of the oven and if I touched it I'd get a 3rd degree burn! Within a split second my skin stuck to the plate! Over a week later its just starting to heal! What if my 2 year old had touched it. Isn't it negligence when they know "how" hot it is and what the risk is, and continue to serve this way? Can saying "its hot" get them off the hook? What a huge understatement! How many more people will get burned before they change their serving habits? What would my chances be of pursuing and succeeding in a class action? Please e-mail me:
[email protected] Thanks! Sherri
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Sher:
I recently burnt my arm on a hot iron skillet plate at a Mexican Restaurant (huge national chain). I'm sure I'm one of hundreds this has happened to. Yes, they said "the plates hot", they didn't tell me it was right out of the oven and if I touched it I'd get a 3rd degree burn! Within a split second my skin stuck to the plate! Over a week later its just starting to heal! What if my 2 year old had touched it. Isn't it negligence when they know "how" hot it is and what the risk is, and continue to serve this way? Can saying "its hot" get them off the hook? What a huge understatement! How many more people will get burned before they change their serving habits? What would my chances be of pursuing and succeeding in a class action? Please e-mail me:
[email protected] Thanks! Sherri
<HR></BLOCKQUOTE>

My response:

You would be correct in most, if not 99% of cases. However, this is a "special" situation - - I'll explain.

When dealing with the culinary arts, the law recognizes that there are certain customs and practices in the food service industry and makes exceptions in those regards. As you know, there are numerous recipes that call for hot, albeit, actual flaming, food stuffs while being served. Your situation is not like the McDonald's "hot coffee" case (which was subsequently overturned). By reading the menu item, you knew, or should and could have known, that the type of food you ordered would necessarily be served in the manner it was, because the recipe, or "custom" of that food item, calls for a hot plate. Another example would be, being poisoned by a Chinese duck dinner in Chinatown. In that instance, the law allows ducks to be stored, hanging upside down, in an open, unrefrigerated area - - sometimes for hours and hours, until served. That recipe and custom has been around for centuries and, when ordering a Chinese duck dinner, you are imbued with the knowledge that you know what you're ordering and what the customs of the recipe calls for, even if you've never before experienced the delicacy and sumptuousness of a Chinese duck dinner.

Now I'm hungry - - - "Hey, Honey?? We're going out for a Chinese duck dinner tonight, okay?" "Sounds good to me" she responded, with that sultry voice of hers.

I don't believe you have a case; however, you may (just may) have a slim chance.

IAAL



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