McDonald’s liable for hot Chicken McNugget that fell from Happy Meal, burned girl

McDonald’s liable for hot Chicken McNugget that fell from Happy Meal, burned girl

A South Florida jury found McDonald’s and a franchise holder at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl’s leg and caused second-degree burns.

“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,” McDonald’s owner-operator Brent Upchurch said in a statement. “We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal.”

Jurors heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh.

According to the South Florida SunSentinel, Philana Holmes testified that she bought Happy Meals for her son and then-4-year-old daughter at a drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale. She handed the food to her children, who were in the back seat.

After she drove away, her daughter started screaming. The mother testified she didn’t know what was wrong until she pulled over to help the girl, Olivia Caraballo, who is now 7, the newspaper reported. She saw the burn on the girl’s leg and took photos on her iPhone, which included audio clips of the child’s screams.

A second jury will determine how much McDonald’s and Upchurch Foods, the franchise owner, will pay the child and her mother, the SunSentinel reported.

Jurors found the franchise holder liable for negligence and failure to warn customers about the risk of hot food. They also found McDonald’s liable for failing to provide instructions for safe handling of the food.

While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees, while the defense said it was no more than 160 degrees.

The Associated Press contributed to this report.