Guest with severe burns files damage compensation lawsuit
Restaurant says "Guest also at fault for lack of safety awareness"
Court orders restaurant to pay 18 million won for medical expenses and consolation money
After the restaurant was ordered to compensate for injuring a customer by spilling hot galbitang, the customer also appealed claiming some responsibility, but lost the case.
On the 6th, the 2nd Civil Division of Ulsan District Court (Chief Judge Lee Jun-young) announced that it ruled partially in favor of plaintiff A in a damages claim lawsuit filed against restaurant B.
The court ordered restaurant B to pay 18 million won to A for medical expenses and consolation money. In November 2017, A visited restaurant B in the Ulsan area with colleagues for lunch, where a staff member spilled freshly cooked hot galbitang, causing A to suffer severe second-degree burns on the ankle and foot.
Due to this accident, A received outpatient treatment for three days at a surgical clinic in Ulsan, followed by wound regeneration treatment using synthetic skin substitute (250㎠) at a hospital in Daegu, and was hospitalized for seven days.
Subsequently, from December 2017 to December 2019, A underwent outpatient treatment 23 times at two hospitals, leading A to file a civil lawsuit against restaurant B demanding 24 million won in damages.
Restaurant B countered the lawsuit, arguing that since galbitang is served very hot throughout the year, A was partly at fault for not taking care of personal safety. However, the court ruled that the liability for compensation lies with restaurant B.
The court found no fault on the customer's part in this accident. It stated that restaurant customers naturally believe they will receive food safely and hygienically while inside the restaurant. Furthermore, the obligation to serve hot food safely lies with the restaurant.
The court explained the ruling by stating, "The restaurant side vaguely claims the customer's negligence without proving any specific safety fault by the customer."
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