McDonald’s and its franchise holder, Upchurch Foods, have been found at fault by a jury in South Florida after a hot Chicken McNugget from a Happy Meal caused second-degree burns to a little girl’s leg.
The jury’s decision, reached on Thursday, holds the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. However, McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
The incident in question occurred in 2019 when Philana Holmes purchased Happy Meals for her son and daughter at a McDonald’s drive-thru window in Tamarac, near Fort Lauderdale. After handing the food to her children, her daughter, identified as Olivia, started screaming in pain.
Holmes pulled over and discovered a burn on Olivia’s leg, which she documented with photos and audio clips of the child’s screams on her iPhone. It is important to note that Olivia, who is autistic, did not testify in court.
During the trial, McDonald’s argued that the food had to be hot to prevent salmonella poisoning and that the nuggets were not intended to be pressed against human flesh for an extended period. The family’s lawyers, on the other hand, claimed that the temperature of the nugget was above 200 degrees Fahrenheit, while the defense contended that it was no more than 160 degrees Fahrenheit.
A second jury will now determine the amount that McDonald’s USA and Upchurch Foods will have to pay the child and her mother. McDonald’s USA expressed its disagreement with the verdict, stating that customers should continue to rely on the company to follow policies and procedures for serving Chicken McNuggets safely.
This is not the first time McDonald’s has faced lawsuits related to burns caused by their food items. In a widely known case from the early 1990s, Stella Liebeck sued McDonald’s after suffering significant injuries from hot coffee that spilled on her lap in a car. Liebeck was awarded compensatory and punitive damages after the jury found her only 20% at fault.
The outcome of this recent case highlights the importance of product safety and customer awareness. It serves as a reminder for fast-food establishments to ensure proper training for their employees, provide clear warnings about potential risks, and maintain appropriate food handling procedures to prevent incidents and ensure customer safety.
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As a parent, I always checked the temperature of foods, drinks, and bathwater before involving my child in any of them. I certainly do not want McDonald’s to hold back service until the foods are below potentially dangerous temperatures, as I may consider it cold by the time it reaches me.
If you’re so ignorant that you don’t know cooked food from fast food is hot, eat at home. I find the parents ridiculously abusing a court system that apparently has people who are just as ignorant to decide to give her money!
Gee MD sure has a problem with there STUPID customer They go there for hot food then sue if to hot Well maybe not to stupid since they made plenty off there bull How can ppl be so low But then i am not a fast food person
Sueage people. Lucifer’s dimmercraps. Always blame others for their mistakes. Juries/courts who reward them are TRASH!!
Look at who it was! How typical, no parenting skills! Let’s just sue without taking accountability for our actions! As a parent you check before giving it to a child and the look of this picture I am not buying this at all!
I was fixing food at times myself at four and I knew how to check if food was too hot!
So you are telling me this adult mom and child BOTH were this stupid and don’t know food, which is hot coming out, given I doubt this is the first time these people ordered fast food? Gimme a break lady!
You don’t need instructions on how to eat food you need instructions on how to be a parent! From the looks of you your diet is strictly fast food!
Both the women, child, and court were all stupid and none of them used common sense! The jury for even believing this story and also siding with this idiot! It’s too bad I was not part of the jury! Children are great leverage in court and that’s a fact!
What a sad commentary for our times!