McDonald’s in Florida Found Liable After Child Suffers Burns From ‘Dangerously Hot’ Chicken Nuggets

mcdonalds ‘Dangerously Hot’ Chicken Nuggets Upchurch Foods florida

By E.Baloyo , Parent Herald May 13, 06:41 am

Photo: (Photo : YOSHIKAZU TSUNO / Getty Images)

A Florida jury has issued a mixed verdict in a civil lawsuit brought against McDonald's and one of its franchisees. The lawsuit claimed that a toddler was severely burned by dangerously hot chicken nuggets served in a Happy Meal.

After a brief trial, the jury held both McDonald's and the franchisee, Upchurch Foods, liable for failing to warn about the potential risks of harm, but only found Upchurch Foods to be negligent. The parents had alleged that the nugget burn left their daughter disfigured and scarred.

McDonalds Branch Serving 'Dangerously Hot' Chicken Nuggets

Fischer Redavid PLLC recently won a case against McDonald's on behalf of a Florida mother whose 4-year-old child suffered severe burns from an unreasonably hot Happy Meal in 2019.

The lawsuit accused McDonald's and its franchisee, Upchurch Foods, of failing to provide adequate warning about the potential harm caused by the hot McNuggets.

After several years of legal battles, exacerbated by pandemic-related delays, the defendant did not agree to settle.

Later on, according to CNN, the Fort Lauderdale jury determined that both McDonald's and Upchurch Foods were at fault for the burns sustained by Philana Holmes and Humberto Caraballo Estevez's daughter when the hot nuggets fell onto her lap.

According to the plaintiffs' law firm, Holmes had purchased the Happy Meal from the drive-thru and then drove away before the nugget fell and got stuck between her daughter's leg and the car seat.

The complaint filed by Fischer Redavid PLLC alleged that the chicken McNuggets inside the Happy Meal were unreasonably and dangerously hot, causing severe burns to the child's thighs and leaving her disfigured and scarred.

The lawsuit claimed that the franchise should have been aware that the nuggets were unfit for human handling and had a duty not to sell them, and that the employees should have been adequately trained and supervised.

The law firm stated in a blog post that a second trial will be held to determine the amount of damages owed to their client.

Statements of Both Parties Involved

As reported by Local10, following a split verdict in a civil lawsuit against McDonald's and one of its franchisees, McDonald's released a statement addressing the verdict.

The statement said the company takes every complaint seriously, including those related to the safety of its food and the experiences of its customers.

It also stated that McDonald's, together with its franchisees, has consistently served safe, high-quality food using strict policies and procedures.

While McDonald's considered the incident to be unfortunate, the company disagreed with the verdict and asserted that its customers should continue to rely on McDonald's to follow policies and procedures for serving Chicken McNuggets safely.

Upchurch Foods, the local franchisee involved in the lawsuit, later issued a statement expressing its sympathy for the family and asserting that it holds customer safety as a top priority.

The statement said the restaurant follows strict food safety best practices when it comes to cooking and serving its menu items, including chicken McNuggets.

The franchisee expressed disappointment with the verdict, stating that the facts show the restaurant in Tamarac, Florida, did follow safety protocols when cooking and serving the Happy Meal.

On the other hand, family attorneys representing the plaintiffs said the couple has had to deal with negative public sentiment based largely on a lack of understanding of the true facts of the case.

The attorneys stressed that this case is about the severe burn injuries suffered by the couple's 4-year-old daughter, Olivia, and not the infamous Hot Coffee case.