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Customer Suffers Severe Burns in Fast Food Restaurant Accident and Files Lawsuit. Is There Legal Liability?

In late May, a man in Aurora, CO filed a lawsuit against Arby’s restaurants after he said he suffered severe burns from steam or very hot water that sprayed from a urinal in the men’s room at a local restaurant. The incident allegedly happened two years ago at the Arby’s in Monument, CO, but the man filed the lawsuit just recently.

Kenneth Dejoie claims his genitals suffered severe burns while he was using a urinal inside the Arby’s men’s room. The five-page lawsuit was filed in El Paso County District Court, and states that Dejoie was “using the urinal in the men’s restroom when the urinal caused a jet of steam to shoot forth and burn his genitals.”

Dejoie claims that he reported the incident to an employee who said, “we have that bathroom problem again” and that “this happens when the sink in the kitchen is running.”

Dejoie’s lawyers said that he’s trying to settle the case with Arby’s outside of court and couldn’t comment further. The lawsuit is seeking damages for financial losses and for not being able to have intimate relations with his wife.

The store’s manager hadn’t heard about the lawsuit when asked about it. A spokesperson for Arby’s issued a statement saying, “We want to reassure our customers that we are committed to providing quality food in a safe and healthy environment. Since this matter is in litigation we’ve been advised by our attorney that we are unable to discuss it.”

Dejoie’s lawyer did not specify exactly how much they’re hoping to settle for, or why it took two years for them to file the suit.

If you or someone you know suffers an injury such as third degree burns or smoke inhalation, you should call Kramer & Pollack LLP in Mineola, New York so that the personal injury attorneys in that firm can determine whether another party has legal liability for injuries suffered, and if the injured party has a strong legal case.