A McDonald’s franchisee was found negligent after a piping hot Chicken McNugget burned the thigh of a four-year-old girl, leaving her “disfigured and scarred”.
A Florida jury concluded that both the franchisee and McDonald’s had failed to provide meal instructions that would have prevented the girl’s injury.
Parents Philana Holmes and Humberto Caraballo Estevez sued fast-food giant and franchisee UpChurch Foods for $15,000 in 2019, alleging that the restaurant served a chicken nugget that was “defective, harmful and unfit for human handling.” .
The jury is yet to decide how much McDonald’s and UpChurch Foods will have to pay the family.
The complaint says Holmes heard her then four-year-old daughter Olivia screaming in the back of the car as she exited a Broward County thoroughfare at McDonald’s after buying her a Happy Meal.
When she pulled over, she found a hot chicken nugget between her daughter’s thigh and a seat belt that had remained in contact with her skin for about two minutes, causing second-degree burns.
Philana Holmes said her daughter, then four, suffered second-degree burns after a chicken nugget fell on her leg
Holmes heard her then four-year-old daughter Olivia scream in the back seat as she exited a McDonald’s thoroughfare in Broward County
The jury came to a split verdict on Thursday.
While UpChurch Foods was found to have been negligent, it was not found that McDonald’s had been in negligence that created a legal cause for the girl’s loss, injury or harm.
Fischer Redavid PLLC, the law firm representing the parents, called the jury’s decision a “tremendous victory for a deserving family.”
“They remained patient and fought hard with us against a wealthy corporation for several years: a jury ruled unanimously in favor of our client,” the firm said in a statement on Facebook.
It added that the ruling was a “crucial first step” for the family, who “for years have struggled with the fallout of something that was — now beyond doubt — predictable and avoidable and should never have happened.”
In it, Olivia was described as “an adorable, innocent child who suffered severe burns through no fault of her own.”
Fischer Redavid PLLC, the law firm representing the parents, called the jury’s decision a “tremendous victory for a deserving family.”
The franchisee previously told the court that it had to serve hot nuggets to meet food safety standards
Following the ruling, UpChurch Foods said in a statement it was “disappointed” with the ruling and followed protocols when serving the food.
“Our condolences go out to this family for what happened in this unfortunate incident as the safety of our customers is our top priority.” As such, our restaurant follows strict rules in cooking and serving our menu items, including Chicken McNuggets, in accordance with the best food safety practices,” the statement said.
“We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Fla. did follow those protocols in cooking and serving this Happy Meal.”
“Our community here in South Florida should remain confident that we will continue to serve safe, quality meals, just as we have done at Upchurch Management’s restaurants for more than 50 years.”
The franchisee previously denied the allegations in court filings, saying it has “no responsibility for any injury or damage” the child “may have suffered.”
In a statement Thursday, McDonald’s said it disagreed with the verdict.
“We take every complaint seriously, particularly those relating to the safety of our food and our customers’ experience.” it says in the statement.
“It was an unfortunate incident, but out of respect we do not agree with the verdict.” “Our customers should continue to rely on McDonald’s to follow policies and procedures for safely serving Chicken McNuggets.”
The family said the piping hot Chicken McNugget burned Olivia’s thighs, leaving her “disfigured and scarred”.
Holmes said she heard her daughter screaming in the back seat of the car after buying her a Happy Meal at McDonald’s in Tamarac, Broward County
Jordan Redavid, representing the family of the burned child, brought the iconic Happy Meal box to court and presented it to the judge
According to the lawsuit, on August 21, 2019, Holmes went to the McDonald’s drive-thru in Tamarac and ordered, among other things, a six-piece Chicken McNuggets Happy Meal for her daughter.
“The Chicken McNuggets in that Happy Meal were unreasonably and dangerously hot (temperature wise) and caused Olivia Holmes’s skin and flesh to burn around her thighs,” the lawsuit reads.
On Tuesday, attorney Jordan Redavid, representing the family, brought the iconic Happy Meal box, with the two gold arches for handles, to the court to present to the judge.
“The reasonable, foreseeable, and intended use is for a child to be able to handle this box.” “The law implies a promise by a company to, in this case, a child,” he said.
“And if it’s preventable and warnable, you should warn someone about it, and if you don’t, you’re liable.”
His position was challenged by Scott Yount, a McDonald’s attorney.
“Mrs. Holmes bought 32 Chicken McNuggets that day. “The evidence will show that there was no problem with 31 of them,” he replied.