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.

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

 

[DiMcg]

NO, the mother should be. If the mother didn’t think the meal comes hot then she needs a carer with her whilst with child

 

[Squizzy1]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

There is no law or insurance for stupid, and as is often the case in these judgements the courts need their heads read imo.

 

[DasherD]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

It would be nice if McDonalds in Australia got their food to something like 75% of the temperature in this story. I am getting sick of eating burgers and fries that are cold upon receipt from the outlet.

 

[Sej]

No, the mother is liable, NOT the supplier! There would have been plenty of complaints if the food had been cold at point of sale! Safe handling of a hot chicken nugget??! How utterly stupid can you be?

 

[Colette 3799]

It would be nice if McDonalds in Australia got their food to something like 75% of the temperature in this story. I am getting sick of eating burgers and fries that are cold upon receipt from the outlet.

I agree, its unusual to get food that is remotely warm from maccas lol

 

[cheviegirl34]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

 

[Jarred Santos]

There would have been plenty of complaints if the food had been cold at point of sale!

Great point @Sej!

 

[cheviegirl34]

What a load of codswallop. Just a way another is trying to get money from a big firm. Happens a lot! NO way would a Chicken Nugget be that hot! Why blame McDonald’s the child dropped it. So it is HER fault. Never is their food that hit, never!!!!!! Silly Mother just trying to Sue McDonalds!!!!! Hope they do not pay her anything!!!!!

 

[Ashmenou]

It would be nice if McDonalds in Australia got their food to something like 75% of the temperature in this story. I am getting sick of eating burgers and fries that are cold upon receipt from the outlet.

Well said

 

[Aussie all the Way]

WTF, yanks they will absolutely make a mountain out of a mole hill. The child's Autism was probably in play for this, it was something that the child did not expect, to drop the nugget and she scared herself, then she was off. Macca's totally RIGHT you want food poisoning go eat a half cold bit of CHICKEN. Mum that'll teach you for feeding your kids CRAP.

 

[Suzanne rose]

SERIOUSLY !!! This would leave any takeaway shop up to be sued.

As a mother you check that the food isn't too hot before giving it to your children , regardless where it came from .
I xant say how many times I have said to my kids to becareful it could be hot

I don't understand how this even made it to court . As hubby's uncle who lived in America would say, " only happens in America "

 

[MotherGoose]

SERIOUSLY !!! This would leave any takeaway shop up to be sued.

As a mother you check that the food isn't too hot before giving it to your children , regardless where it came from .
I xant say how many times I have said to my kids to becareful it could be hot

I don't understand how this even made it to court . As hubby's uncle who lived in America would say, " only happens in America "

Nuggets deep-fried in boiling oil are hot. Who'd a thunk it?

 

[Loren]

Only in america! Next time I burn my mouth/tongue with hot coffee or hot chips I think I might sue!! LOL Absolutely ridiculous!!

 

[maxesmum]

Who the hell takes the time to record their screaming,distressed child???? What a true prize of a mother!

 

[Don’sown]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

Another case of money chasing lawyers and dumb parents whom failed to understand that hot food is a action by MacDonalds to prevent food poisoning by chicken and claiming alleging damages for actions every food supplier who has a public responsibility to protect their customers.

 

[LynnMcK]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

 

[Susie@24]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

I believe the parent in this case was negligent in passing hot food to her children in the back seat of the car. Shouldn't a parent be supervising their child at meal times and more importantly where hot food is concerned?

 

[LynnMcK]

I feel for the little girl, but certainly don’t think that McDonald’s is at fault. It was an unfortunate freak accident, but not everything can be foreseen. We’re living in too much of a ‘lawsuit’ society.

 

[MariaG]

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.

View attachment 19854

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.

View attachment 19855

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.

Key Takeaways

• A McDonald's franchise and McDonald's USA were found liable for a hot Chicken McNugget that burned a young girl.
• A second jury will determine how much the child and her mother will be paid for the incident.
• The girl's parents sued, claiming inadequate employee training, failure to warn customers about the food's temperature, and cooking the food at a higher temperature than necessary.
• This case is reminiscent of the McDonald's coffee lawsuit from the 1990s, where a customer was awarded damages after being scalded by hot coffee.

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!

Well.
Only in America. Sue them if it is too hot. Sue them if it isn't hot enough and not to advertised standards. Sue them if their yellow arches sign isn't bright enough.
Holy cow. Mummy should be sitting in the car with little miss and supervising as mums do.
What do you expect of deep fried nuggets. Ice cream?