McDonald’s, Sued Over Hot Chicken Nugget Burns, Loses Lawsuit

A Florida woman who sued McDonald’s over second-degree burns left by a hot chicken nugget on her daughter’s thigh has won the legal battle.

A jury in south Florida has found McDonald’s USA and a franchise holder liable in the lawsuit filed by Philana Holmes, the mother, after a Chicken McNugget fell from a Happy Meal and burned her four-year-old.

In testimony about the 2019 episode, jurors heard that the mother of two bought Happy Meals for her children at a McDonald’s drive-thru in Tamarac, near Fort Lauderdale, according to the SunSentinel.

Holmes testified that she handed the food over to her kids, who were in the backseat, and drove away before she heard the girl screaming. The Mom said she didn’t know what happened until she pulled over to check on her daughter, Olivia Caraballo, who is now 7, and noticed the burns on her leg.

She reportedly took photos of the injury on her iPhone, which also recorded the screams of the child, who is autistic.

Although Caraballo didn’t testify, the sound of her screams was played in court.

McDonald’s lawyers argued the chicken nuggets weren’t meant to be pressed between a seat belt and human skin for more than two minutes, noting that the meal had to be hot to avoid salmonella poisoning.

However, the girl’s parents sued, alleging that McDonald’s and the Tamarac franchise owner failed to warn customers about the meal’s “dangerous” temperature, the Associated Press reported.

Other accusations in the lawsuit included failure to properly train employees and cooking McNuggets to a temperature “higher than necessary”.

Although both sides agreed the chicken nugget caused the burns, the plaintiffs contended the temperature was above 200 degrees (93 Celsius), while the defense maintained it was no more than 160 degrees (71 Celsius).

On Thursday, a Fort Lauderdale jury reached a split verdict in the case reminiscent of the 1994 hot coffee lawsuit, finding Upchurch Foods, the franchise owner, liable for negligence and failing to warn about the risk of hot food, and McDonald’s USA at fault for failure to provide adequate instructions for safe handling of their product.

“Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities," Upchurch foods owner Brent Upchurch, said in a statement. "That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets.

"We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal.

A second jury will now decide how much McDonald's and the franchise outlet will pay the mother and her child.