Can I Sue if a Restaurant's Negligence Caused Me a Second Degree Burn?

Every restaurant goes through the same challenge: serving hot food in a fast-paced environment. While common sense tells us to proceed with caution, accidents can still happen. One such scenario is when a customer suffers a second-degree burn after touching a hot surface in a restaurant. This article explores the legal implications and the challenge of suing a restaurant for such an incident.

Contributory Negligence and Volenti Non Fit Injuria

Lawsuit prevention and hospitalization often hinge on the principles of contributory negligence and the Latin phrase volenti non fit injuria. This means that if someone knowingly exposes themselves to a risk, they cannot later claim injury due to that risk. In a restaurant, signs like “Hot Surfaces” or “Be Careful” are meant to alert patrons. However, if someone chooses to ignore these warnings and is subsequently injured, the law may rule in favor of the restaurant.

Common Sense and Common Caution

Restaurants have a duty to ensure their customers are well-informed about potential risks. However, patrons also have the responsibility to use common sense and take precautions. For example, if a service bar has hot lamps keeping food warm, it’s common knowledge that heat is hot. Servers should avoid reaching into areas where heat is present, especially without warning. Self-serve areas, while convenient, require a basic level of caution from patrons.

Legal Duty of Care and Self-Inflicted Pain

In negligence law, a restaurant owes a legal duty of care to its customers. If a customer knowingly and recklessly disregards this duty, the restaurant may not be held responsible. This concept is often referred to as “where there is pain, there is a claim.” However, this does not extend to self-inflicted pain. If a customer could reasonably have predicted the danger and avoided it, the restaurant is not liable.

My Situation: A Personal Experience

I am a cook at a restaurant, working on a flat grill for over eight years. Flat grills are known for their extreme heat, and my familiarity with this equipment ensures safe operation. One evening, my employer instructed another employee to remove the floor drains for cleaning. However, I continued to receive orders and cook, neither warned nor informed about the floor drain removal. The floor drains were 10 feet long, 4 inches deep, and covered with removable panels. As I worked, my foot slipped into the drain, nearly causing a broken ankle. This fall led to my arm touching the hot grill, resulting in an immediate burning sensation.

The initial burn appeared to be superficial, but by the end of the night, I realized it was much more severe. The skin peeled, and tissue was exposed. Despite treating the wound, it showed no signs of healing. My arm is currently throbbing with pain, and I find it difficult to use it effectively. Herein lies the question: can I sue my employer for this work-related injury?

Can I Sue for a Work-Related Injury?

Under workplace injury laws, there is typically a duty to provide a safe working environment, but this does not protect against all possible incidents. In my case, my employer did not warn me about the floor drain removal, which may be grounds for a claim. However, the extent of my negligence should also be considered.

Upon slipping and touching the hot grill, I should have taken immediate action to avoid further injury. While I was not warned, my actions could still be seen as negligence. The key question would be whether the injury was foreseeable and preventable given the circumstances.

It’s important to consult with an attorney to fully understand your legal options and the likelihood of success in a workplace injury case. Factors such as the severity of the injury, employer policies, and any previous similar incidents can all affect the outcome.

Conclusion

In conclusion, while a restaurant has a duty to ensure customer safety, patrons also have a duty to use common sense. In my case, there may have been grounds for a claim, but the extent of my own negligence plays a significant role. Consulting with a legal professional is crucial for navigating the complexities of workplace injury claims and determining the best course of action.