Restau­rant worker set­tles ac­tion over hot oil burns

The Irish Times - - Home News -

A stu­dent has set­tled his ac­tion over dev­as­tat­ing burn in­juries suf­fered while work­ing in a Chi­nese take­away af­ter he sat on a bucket con­tain­ing freshly dis­carded hot cook­ing oil which splashed on his back and arm.

The set­tle­ment for Umesh Ma­har­jan was on undis­closed terms and the High Court case was struck out. He suf­fered “ex­cru­ci­at­ing, un­bear­able” pain and has been left with “grossly dis­fig­ur­ing” scars, his coun­sel De­clan Doyle SC told the court.

Mr Ma­har­jan, orig­i­nally from Kath­mandu in Nepal, was work­ing in the take­away to fi­nance his fine art de­gree when the ac­ci­dent hap­pened on Au­gust 21st, 2015.

Mr Doyle said the stu­dent was tak­ing a break at the back of the Rath­new Chi­nese Take­away in Co Wick­low where plas­tic buck­ets were kept and where staff went for a break.

Some­body had put hot cook­ing oil from a deep-fat fryer in a bucket and when Mr Ma­har­jan sat on it, the lid gave way and he col­lapsed back and oil spilled over his back and left arm, coun­sel said. Col­leagues had put wa­ter and some ice on the af­fected ar­eas and Mr Ma­har­jan was taken to hos­pi­tal.

Life-chang­ing

His client suf­fered life-chang­ing and dev­as­tat­ing in­juries and had very ex­ten­sive burns, coun­sel said.

Mr Ma­har­jan (29), Wind­mill House, Dock Road, Lim­er­ick, had sued Rath­new Restau­rant and Take­away Ltd with of­fices at Rockville House, Rath­new, who op­er­ated the take­away restau­rant, as a re­sult of the ac­ci­dent.

He claimed fail­ure to take any or any ad­e­quate pre­cau­tions so as to pro­vide him with a safe place of work and a safe sys­tem of work. He also claimed hot oil was stored in a con­tainer that was un­fit for pur­pose and cre­ated an ob­vi­ous haz­ard.

Mr Jus­tice Michael Hanna was told the is­sue of li­a­bil­ity had been with­drawn in the case and it was be­fore the court for as­sess­ment of dam­ages only.

In ev­i­dence, Mr Ma­har­jan said he was scared and his back was re­ally hot.

“The pain was re­ally hard for me. I feel bad I will have this for my en­tire life,” he said.

When the case re­sumed be­fore the court yesterday af­ter­noon, Mr Doyle said it had been set­tled and could be struck out.

Mr Jus­tice Hanna wished Mr Ma­har­jan well in the fu­ture and de­scribed him as a “very im­pres­sive gen­tle­man”.

PHO­TO­GRAPH: COLLINS COURTS

Umesh Ma­har­jan leav­ing the Four Courts in Dublin yesterday af­ter he set­tled his ac­tion.

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