Chicken McNuggets disaster: McDonald’s in hot water after it was found to blame for young girl’s injuries
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Ah, fast food – a reliable crutch during hectic and stressful days. They may not be the healthiest food option available, but they provide an easy and affordable solution to hunger, making them an alluring choice for when you do not have the energy or cannot afford to cook a full meal.
However, convenience can come at a cost in moments you least expect it.
Case in point: A four-year-old girl visiting a local McDonald's drive-thru with her mother was left in pain after her Happy Meal went horribly wrong.
McDonald’s and one of its franchise holders were found liable after a hot Chicken McNugget from a Happy Meal allegedly fell on a little girl’s left leg and caused second-degree burns.
A South Florida jury returned with a split verdict in the civil lawsuit. A second jury will determine how much the fast food giant and its franchise owner, Upchurch Foods, will pay the child and her mother.
According to official reports, the jury stated that both McDonald’s and Upchurch Foods ‘failed to properly warn’ customers of the possible harm from the Chicken McNuggets. McDonald’s USA was also found to blame for failing to provide instructions on the safe handling of the food.
However, only Upchurch Foods was found to be negligent. McDonald’s USA, on the other hand, was cleared of this allegation. The jury also dismissed the argument that the product was defective and stated there was ‘no breach of implied warranty’.
The civil lawsuit was filed in 2019, and a Fort Lauderdale jury alleged that both McDonald’s USA and Upchurch Foods were ‘at some fault’ for the burns sustained by the toddler.
According to the complaint, the child, daughter of Philana Holmes and Humberto Caraballo Estevez, sustained burns when the hot nuggets fell onto her lap.
The child’s mum testified that she bought and paid for the Happy Meal from the drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, before driving away. She said she handed the food to her son and daughter, who were in the back seat.
As she drove away, Ms Holmes claimed her daughter started screaming. Ms Holmes told the court she didn’t know what was going on until she pulled over to help her child, Olivia.
The court heard that a nugget fell and became lodged between Olivia’s leg and the car seat.
The law firm representing the family said: ‘The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot (in terms of temperature).’
The complaint also alleged this incident caused the ‘skin and flesh around her thighs to burn, leaving Olivia ‘disfigured and scarred’.
The photos of the burns on the child’s leg were presented in court, including audio clips of the child’s screams.
The child, who is diagnosed with autism, did not testify.
The court also heard that the franchise should have known that the nuggets were ‘unfit for human handling’. The complaint also alleged that the franchise had a duty not to sell them, and it should have adequately trained and supervised its employees.
Ms Holmes and Mr Estevez sued the fast food giant, saying that McDonald’s and Upchurch Foods had failed to ‘adequately train’ their workers, failed to warn customers about the ‘dangerous’ temperature of the food, and for cooking the food at a higher temperature than necessary.
However, lawyers for McDonald’s USA claimed that the food had to be hot to avoid salmonella poisoning. They also said the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
While both sides agreed that the nugget caused burns, the family’s lawyers argued that the temperature was above 93°C, while the defence said it was no more than 71°C.
McDonald’s franchise owner and operator Brent Upchurch said: ‘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.’
However, he claimed that they were ‘deeply disappointed’ with the verdict. ‘The facts show our restaurant in Tamarac, Florida, did indeed follow those protocols when cooking and serving this Happy Meal,’ he argued.
The case echoes the infamous McDonald’s hot coffee lawsuit of the ’90s, in which a woman spilled coffee on her lap and suffered third-degree burns.
According to reports, a New Mexico jury awarded the plaintiff, Stella Liebeck (81), US $2.9 million or approximately AU $4.3 million in damages after she was scalded in 1992 by hot coffee from McDonald’s.
According to testimonies, the coffee spilled onto her lap and burned her legs, groin and buttocks. It was reported that she was still outside the drive-thru, trying to steady the cup with her legs while prying the lid off so she could add cream.
The accident caused third-degree burns, and Ms Liebeck spent more than a week in the hospital.
She asked McDonald’s for US $20,000 (or around AU $30,000) to cover hospital bills, but the company went to trial.
The initial $2.9 million award was later reduced to US $480,000 (about $721,000) by a judge who said it was appropriate for the ‘willful, wanton, reckless, and callous’ behaviour of McDonald’s.
So, this clearly isn’t the first time McDonald’s has found itself in trouble!
An Auckland woman also claimed she was served raw chicken in a burger at a McDonald’s outlet in New Zealand. According to the woman, she suffered from severe stomach cramps and wasn’t able to sleep following the incident. This prompted Sarah to lodge a complaint with the Ministry for Primary Industries in New Zealand, which said it was investigating the matter.
You can read the rest of the story here.
What’s your verdict, members? Do you agree that McDonald’s should be held liable for this case? Share your opinions in the comments below!
However, convenience can come at a cost in moments you least expect it.
Case in point: A four-year-old girl visiting a local McDonald's drive-thru with her mother was left in pain after her Happy Meal went horribly wrong.
McDonald’s and one of its franchise holders were found liable after a hot Chicken McNugget from a Happy Meal allegedly fell on a little girl’s left leg and caused second-degree burns.
A South Florida jury returned with a split verdict in the civil lawsuit. A second jury will determine how much the fast food giant and its franchise owner, Upchurch Foods, will pay the child and her mother.
The jury ended up with a split verdict. Credit: Monica Escalera/Pexels
According to official reports, the jury stated that both McDonald’s and Upchurch Foods ‘failed to properly warn’ customers of the possible harm from the Chicken McNuggets. McDonald’s USA was also found to blame for failing to provide instructions on the safe handling of the food.
However, only Upchurch Foods was found to be negligent. McDonald’s USA, on the other hand, was cleared of this allegation. The jury also dismissed the argument that the product was defective and stated there was ‘no breach of implied warranty’.
The civil lawsuit was filed in 2019, and a Fort Lauderdale jury alleged that both McDonald’s USA and Upchurch Foods were ‘at some fault’ for the burns sustained by the toddler.
According to the complaint, the child, daughter of Philana Holmes and Humberto Caraballo Estevez, sustained burns when the hot nuggets fell onto her lap.
The child’s mum testified that she bought and paid for the Happy Meal from the drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, before driving away. She said she handed the food to her son and daughter, who were in the back seat.
The four-year-old girl was burned after her mum bought her a Happy Meal. Credit: Ready-made/Pexels
As she drove away, Ms Holmes claimed her daughter started screaming. Ms Holmes told the court she didn’t know what was going on until she pulled over to help her child, Olivia.
The court heard that a nugget fell and became lodged between Olivia’s leg and the car seat.
The law firm representing the family said: ‘The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot (in terms of temperature).’
The complaint also alleged this incident caused the ‘skin and flesh around her thighs to burn, leaving Olivia ‘disfigured and scarred’.
The photos of the burns on the child’s leg were presented in court, including audio clips of the child’s screams.
The child, who is diagnosed with autism, did not testify.
The court also heard that the franchise should have known that the nuggets were ‘unfit for human handling’. The complaint also alleged that the franchise had a duty not to sell them, and it should have adequately trained and supervised its employees.
Ms Holmes and Mr Estevez sued the fast food giant, saying that McDonald’s and Upchurch Foods had failed to ‘adequately train’ their workers, failed to warn customers about the ‘dangerous’ temperature of the food, and for cooking the food at a higher temperature than necessary.
However, lawyers for McDonald’s USA claimed that the food had to be hot to avoid salmonella poisoning. They also said the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
While both sides agreed that the nugget caused burns, the family’s lawyers argued that the temperature was above 93°C, while the defence said it was no more than 71°C.
McDonald’s franchise owner and operator Brent Upchurch said: ‘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.’
However, he claimed that they were ‘deeply disappointed’ with the verdict. ‘The facts show our restaurant in Tamarac, Florida, did indeed follow those protocols when cooking and serving this Happy Meal,’ he argued.
The case echoes the infamous McDonald’s hot coffee lawsuit of the ’90s, in which a woman spilled coffee on her lap and suffered third-degree burns.
According to reports, a New Mexico jury awarded the plaintiff, Stella Liebeck (81), US $2.9 million or approximately AU $4.3 million in damages after she was scalded in 1992 by hot coffee from McDonald’s.
According to testimonies, the coffee spilled onto her lap and burned her legs, groin and buttocks. It was reported that she was still outside the drive-thru, trying to steady the cup with her legs while prying the lid off so she could add cream.
The accident caused third-degree burns, and Ms Liebeck spent more than a week in the hospital.
She asked McDonald’s for US $20,000 (or around AU $30,000) to cover hospital bills, but the company went to trial.
The initial $2.9 million award was later reduced to US $480,000 (about $721,000) by a judge who said it was appropriate for the ‘willful, wanton, reckless, and callous’ behaviour of McDonald’s.
So, this clearly isn’t the first time McDonald’s has found itself in trouble!
An Auckland woman also claimed she was served raw chicken in a burger at a McDonald’s outlet in New Zealand. According to the woman, she suffered from severe stomach cramps and wasn’t able to sleep following the incident. This prompted Sarah to lodge a complaint with the Ministry for Primary Industries in New Zealand, which said it was investigating the matter.
You can read the rest of the story here.
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