Worker who fell in bucket of hot oil sues over burns

A YOUNG man, who suffered excruciatingly painful burns to his back and arms when he fell into a bucket of hot oil, has sued the takeaway restaurant where he worked to fund his way through college.

The High Court heard art student Umesh Maharjan, 29, was following the usual practice of staff taking a rest break by sitting on a covered bucket at the rear of Rathnew Restaurant and Takeaway in Co. Wicklow.

But unbeknown to him, the bucket had recently been filled with near-boiling-hot cooking oil, which had been freshly discarded by another member of staff.

His counsel, Declan Doyle SC, said: ‘The plaintiff sat down on the bucket, the lid gave way and the whole thing collapsed.

‘The plaintiff fell into very extensive Scarred: Umesh Maharjan contact with the almost boiling oil.’

He said the accident, on August 21, 2015, caused his client ‘lifechanging and devastating injuries’. He said he endured three months of intensive burns treatment which was ‘almost unbearably painful’, and that he now had permanent scarring which was not only painful, but caused him to feel self-conscious, anxious and depressed.

Mr Maharjan told the court that he recalled the oil bursting out of the bucket as he sat down.

He said he took off his shirt while colleagues attempted to treat the burns with cold water and ice.

He was then driven to St Vincent’s Hospital’s accident and emergency department, where he underwent wound cleaning, and the blisters that were rapidly forming were burst to bring them back to the level of his skin.

The following morning, his burns were dressed and he was released from hospital, but he said he had to return twice a week for three months for repeat dressings, and once a month for a longer period thereafter.

Mr Maharjan described this treatment as ‘really painful’. He added that he had difficulty sleeping during that time and was unable to leave his house due to pain.

The court was told the two major burns on his back measured 31cm by 14cm, and 28cm by 11cm.

A plastic surgeon has stated that no surgery will improve their cosmetic appearance.

In his legal action, launched in March 2017, Mr Maharjan claimed that the restaurant had failed to take any care for his safety at work, or during rest breaks, and had exposed him to injury.

He said they had stored hot oil in a container that was unfit for purpose, and which had created an obvious hazard for him.

Mr Doyle said that the restaurant had initially given a full defence, and had also alleged that the accident was Mr Maharjan’s fault. But he said that in September this year, the defendant had admitted liability, and that the case was now before Judge Michael Hanna for an assessment of damages only.

He added that his client was originally from Kathmandu in Nepal, and that he had travelled here in early 2015 to study at Griffith College. After completing his degree there, he went on to complete a master’s degree in Galway, in fine art, and now lives in Dock Road, Limerick.

Mr Maharjan said he had not told his parents in Nepal about his accident, as he felt ashamed.

The case settled on an undisclosed basis shortly after the conclusion of Mr Maharjan’s evidence, and after Judge Hanna had seen the extent of his scarring.

Mr Doyle said: ‘Thank you for the patient hearing of this case, and for the time to resolve this. On consent, the court can strike out the proceedings.’

The judge replied: ‘I wish the plaintiff well. He is a very impressive gentleman. I may even see one of his pieces of work one of these days.’

‘Self-conscious and anxious’