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Arby's Urinal Burned Customer's Genitals, Lawsuit Claims

By Andrew Lu on June 12, 2012 6:01 AM

The last charge you'd expect in an Arby's lawsuit is a claim for loss of consortium (i.e.; loss of sexual relations).

But that's what happened in a Monument, Colorado incident involving an Arby's urinal, reports NBC.

Kenneth DeJoie claims that he went to the restroom at the neighborhood Arby's when a jet of steam shot out of the urinals and into his genitals.

The steamed man then complained to an Arby's employee who allegedly responded "we have that bathroom problem again." The employee then supposedly explained that the urinal acts up when the kitchen sink was running, suggesting that the store had a known problem with its urinal.

In the Arby's lawsuit, DeJoie sued the roast beef restaurant chain for premises liability. Generally, businesses owe a duty to keep customers safe while shopping at their stores. This means that floors should not be slippery, precarious things should not be dangling from the ceiling, and a jet of hot steam should not hit your genitals while standing at an Arby's urinal.

More interestingly, Kenneth DeJoie's wife also signed onto the lawsuit claiming loss of consortium, reports NBC. So because of her husband's burned genitals, the wife wants compensation for not having sex with her husband.

To win a premises liability Arby's lawsuit, DeJoie will probably have to show that it was foreseeable that his genitals would have been burned in the Arby's bathroom. If it is true that restaurant workers were aware of the faulty plumbing and failed to fix it -- or at the very least warn customers about it -- the company would probably have to pay DeJoie for his injuries and his wife for hers.

How a judge and jury would value the loss of consortium could be interesting to follow.

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