McDonald’s and one of its franchise holders are to blame after a hot Chicken McNugget fell on a little girl, giving her second-degree burns. Read to know more about the case reminiscent of the 1990s hot coffee lawsuit.
Hot Chicken McNugget leads to second-degree burns
A hot Chicken McNugget fell from a Happy Meal leading to second-degree burns and a South Florida jury found the fast food franchise to blame. Another jury will be determining how much Mcdonald’s and Upchurch Foods, its franchise owner will be paying the child and her mother. Jurors found Upchurch Foods liable for failure to warn its customers about the risk of hot food and negligence. Additionally, it found McDonald’s USA responsible for failing to share instructions on safe handling. However, McDonald’s USA was not responsible for negligence.
“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,” stated Brent Upchurch, the franchise owner. “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,” he added.
More on the burning case
Philana Holmes revealed she bought Happy Meals for her son and daughter (then four years old) at a drive-thru window and handed the food to the children who were in the back seat. After driving away, her daughter started screaming in pain. Unsure of the reason, she pulled over to help her daughter. She found the burn on the girl’s leg and took pictures and videos which show her screaming in pain. The now seven-year-old girl is autistic and did not testify in court according to SunSentinel.
McDonald’s lawyers noted the food had to be hot to avoid complications due to salmonella poisoning. They also stated the McNugget was not meant to be pressed between the skin and a seat belt. However, the girl’s parents sued saying the fast food giant and franchise owner failed in training employees to warn customers of the “dangerous” temperature. They also sued for cooking food to a temperature higher than needed. The family’s lawyers claimed the McNugget was over 200 degrees F while McDonald’s defended it was not above 160 degrees F.
