A landmark decision was reached by a South Florida jury, holding McDonald’s and franchisee Upchurch Foods responsible in a civil lawsuit. The lawsuit centered around allegations that a toddler was burned by “overly hot” chicken nuggets from a Happy Meal, as reported by CNN affiliate WPLG.
On Thursday, the jury concluded that both McDonald’s and Upchurch Foods were liable for failing to provide adequate warning or clear instructions regarding the potential risk of the hot McNuggets dispensed at a drive-thru in Tamarac, Florida. However, negligence was found solely on the part of Upchurch Foods. The jurors also determined that there was no inherent flaw in selling McNuggets, and no violation of implied warranty occurred.
The litigation was initiated against McDonald’s and Upchurch Foods in 2019. The Fort Lauderdale jury stated that both parties shared some blame for the burns suffered by the daughter of Philana Holmes and Humberto Caraballo Estevez when the scalding nuggets landed on her lap, as per the report by WPLG.
The lawsuit detailed that Holmes had purchased the Happy Meal from the drive-thru and drove off. A nugget slipped and got trapped between her 4-year-old daughter’s leg and the car seat. The legal representatives of the plaintiffs further explained the incident.
The lawsuit alleged, “The Chicken McNuggets within the Happy Meal were excessively and dangerously hot,” which caused the young girl’s “skin and flesh around her thighs to burn.” The incident reportedly left the child “scarred and disfigured.”
The suit argued that the franchise should have recognized that the nuggets were “not suitable for handling by humans,” had a responsibility not to sell them, and should have provided sufficient training and supervision to its staff.
The plaintiff’s legal representative, Fischer Redavid, announced in a blog post that the case is expected to proceed to a second trial to “establish the damages due to our client.”
The case draws parallels with the infamous McDonald’s hot coffee lawsuit from the ’90s. In that incident, a woman was severely burned after coffee spilled onto her lap. The jury agreed with her claim that the coffee was excessively hot. Fischer Redavid drew attention to the fact that the plaintiff in that case was initially granted nearly $3 million, but agreed to a lower amount after an appeal.
“This case is not a rehash of the notorious Hot Coffee case; this is Olivia’s case,” the law firm stated in a message to WPLG. “She’s a sweet, innocent child who sustained severe burns through no fault of her own.”
McDonald’s referred to the incident as “regrettable” in a statement, but disagreed with the court’s decision. The defense team for McDonald’s argued that they had no influence over the injuries and damages.
Local McDonald’s owner and operator, Brent Upchurch, expressed his sympathies for the family, asserting that customer safety is among their highest priorities. He maintained that the restaurant adheres strictly to food safety best practices in the preparation and serving of their menu items, including Chicken McNuggets.
Upchurch defended the Tamarac branch, stating that it had indeed complied with safety guidelines.
Fischer Redavid’s statement claimed that the verdict “mirrored the truth, the facts, and the law,” adding, “We don’t see this as a ‘divided verdict.’ Two defendants appeared at trial, denying responsibility. A jury found both at fault.”
This case could potentially pave the way for similar future lawsuits, possibly motivating fast-food chains to reevaluate their food preparation and serving procedures. As this case advances to a second trial to ascertain damages, the world keenly watches, underscoring yet again the critical importance of customer safety in the food industry.