A South Florida court returned a split verdict on a McDonald’s franchise in a civil lawsuit that claimed the fast-food restaurant’s chicken nugget burned a toddler.
On Thursday, the jury found that McDonald’s and franchise owner Upchurch Foods are liable for failing to properly warn or provide reasonable instructions on the possible harm from the hot McNuggets.
However, only Upchurch Foods was found negligent in the suit. Jurors also agreed that there was no inherent defect in putting McNuggets on the market and no breach of implied warranty.
The incident occurred after a mother bought a happy meal from a Tamarac, Florida, McDonald’s drive-thru, CNN reported.
A suit was filed in 2019 against McDonald’s and Upchurch Foods.
The Fort Lauderdale jury decided both companies are at some fault for the burns sustained by Philana Holmes and Humberto Caraballo Estevez’s daughter when hot chicken nuggets fell on her lap while she was in her car seat, WPLG reported.
“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot (in terms of temperature),” and caused her “skin and flesh around her thighs to burn,” the complaint alleged, leaving her “disfigured and scarred.”
The complaint said the franchise should have known the nuggets were “unfit for human handling,” and that they have a duty not to sell them, as well as the responsibility to train and supervise its employees adequately.
A second trial will occur to “determine the damages owed to our client.”
In the 90s, McDonald’s lost a suit over its hot coffee after a woman spilled coffee on her lap and suffered third-degree burns. A jury agreed with her contention that the coffee was unreasonably hot. She was initially awarded nearly $3 million but later settled for less after an appeal.
McDonald’s has issued a statement on the hot chicken nugget suit calling it an “unfortunate incident,” but said they “respectfully disagree with the verdict.”
“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,” local McDonald’s owner and operator, Brent Upchurch, said in a statement. “That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets.”
