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!

 

[riskydave]

Make sure you r

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!

Read the attached 2 page instructions that will probably come with your happy meal now on how to handle hot or warm food.
This world is a joke now, I sprained a muscle lifting some milk out of my car today, do I sue the car manufacturer now or the milk company or Coles???
What's her name, Markle!

 

[Ringdragon]

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!

And that is why we have warning labels on almost everything. Because people are stupid and will try and blame anyone else instead of themselves for careless behaviour. "You didn't say don't do it, so I did it." If I bought 'hot' food from any outlet, I would expect it to possibly burn me if I dropped it on my skin. In this case the Mother is responsible for giving her autistic child hot food without proper precautions. Remember, Accidents don't just 'happen', they are caused by an unsafe act or condition. Read that again and any time you see an 'accident' look for the unsafe act or condition. Remove the unsafe act or condition and you remove the 'accident'! In my day the instruction manual for my car told me how to adjust the points gap to vary the 'dwell angle'. Nowadays the manual says 'don't drink the liquid in the Battery! (pH2 Sulphuric Acid)

 

[elcid01]

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!

Is this mother a moron or not.
Surely she should know that ALL food at these places are HOT, and should have told the child that the Mc Nugget would be hot
Mac Donald's is completely blame free.

 

[Catherines]

Of course the parent is responsible. You buy hot food, you expect it to be hot. The mother needs her head read.

 

[Vio Kot]

So she had time to record her daughters screams before removing the chicken nugget...mmmm...interesting. Only in America, I know Maccas is loaded, but come on

 

[KAY BROOKS]

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!

If parents buy McDonalds foods...they should realise that they are made to a certain standard and if they feel they are too hot for their children...hold them back until they have cooled off..or warn their children to be careful. To me it sounds like a storm in a teacup..and a hunt for a payout..sorry for the little one who got burnt...but really.....was it that bad...it did not need a skin graft.......and McDonald's have every right to be annoyed as they are preparing their food to the standard required and it is hardly their fault if a client spills their food and gets a burn.

 

[Macarj]

Ah USA the land of litigation why wouldn't the mother check that they were not too hot before giving them to the kid she is stupid, that's the mother not the child

 

[KSS]

So we have a mother so worried about her screaming daughter supposedly being burned by a deep fried in hot oil chicken nugget that she records her child screaming rather than actually helping her and preventing further burns? She could have given the food to the child when they got home and saved the trouble. I agree with Trudie, there is no legislating for stupidity.

 

[Fat&fancy]

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!

Mothers fault, end of story!

 

[Lucinda]

The dollar signs are in this mother's eyes, that's for sure.

 

[maxesmum]

And that is why we have warning labels on almost everything. Because people are stupid and will try and blame anyone else instead of themselves for careless behaviour. "You didn't say don't do it, so I did it." If I bought 'hot' food from any outlet, I would expect it to possibly burn me if I dropped it on my skin. In this case the Mother is responsible for giving her autistic child hot food without proper precautions. Remember, Accidents don't just 'happen', they are caused by an unsafe act or condition. Read that again and any time you see an 'accident' look for the unsafe act or condition. Remove the unsafe act or condition and you remove the 'accident'! In my day the instruction manual for my car told me how to adjust the points gap to vary the 'dwell angle'. Nowadays the manual says 'don't drink the liquid in the Battery! (pH2 Sulphuric Acid)

I know,right??? Ring dragon,read the paper wrapping! I nearly fell out of my car laughing. On some of the wrapping papers in maccas it actually SAYS Don’t Eat the Paper!!! Are you kidding me???

 

[Loz.]

What a load of shite, just trying to get money out of McDonalds. The mother is responsible for what she gives to her child, would she not judge if it was too hot to give her straight away.

 

[POG]

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!

The mother was irresponsible in allowing her child to handle the very hot nuggets. It's not MacDonald's fault if their customers are stupid. Looks like the mother was trying to make money out of the incident, due to her negligence.

 

[Jest]

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!

if you take kids to fast food outfits you get what you paid for, mostly unhealthy food. just take a look at trolleys fast food outfits and you will see what i mean. what is the matter with the party at home, why these outlets. YES easy. no lazy.

 

[Aussie D]

Idiots like this are the reason some places will only give you lukewarm "hot" drinks. Try getting a HOT cup of tea or coffee in hospital . . . not going to happen & the lukewarm tea is horrible. and this is the explanation I was given - people have sued when they fail to handle hot cuppas responsibly then blame the hospital because it burnt them. Thanks Morons !

 

[Heather Watson]

What's wrong with people if they get cold coffee food they winge take care of your children and your own actions.

 

[Glen Mitchell]

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!

 

[Glen Mitchell]

Idiots like this are the reason some places will only give you lukewarm "hot" drinks. Try getting a HOT cup of tea or coffee in hospital . . . not going to happen & the lukewarm tea is horrible. and this is the explanation I was given - people have sued when they fail to handle hot cuppas responsibly then blame the hospital because it burnt them. Thanks Morons !

I thought all responsible parents tested little one's food to see if it's too hot. Also I don't think I've had any food at Mecca's that's too hot.

 

[MHM]

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!

As every reader will be aware , this is an instance of application of US (Florida state) law, not Australian (in any state) law. It may be of casual interest to SDC readers, but has no relevance to Australia ( unfortunately, like so many SDC articles.
Most Australians will be aware that in general, personal injury litigation in USA ( almost all states) is far broader in its range than is Australian law (whether in negligence or Consumer Law). It is regrettable that SDC chose to publish this article, it can only mislead some readers to believe that a similar outcome would be reached here in Australia.

 

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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.

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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.

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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!