Florida jury finds McDonald’s liable for young girl’s burns in hot chicken nugget trial
A Florida jury has decided that McDonald’s and a franchise owner are liable for severe burn injuries a 4-year-old girl suffered after eating chicken McNuggets.
On May 11, NBC affiliate WTVJ in South Florida reported that a Fort Lauderdale jury reached a split verdict on the incident, which occurred in 2019.
Philana Holmes and Humberto Caraballo Estevez filed a lawsuit that claimed their 4-year-old daughter was left with second-degree burns from the “unreasonably and dangerously” hot nuggets she ate in her “Happy Meal,” according to WTVJ. The suit said one nugget purchased at a restaurant in Tamarac, Florida, became lodged in the preschooler’s car seat and burned her leg.
The parents sued the McDonald’s Corporation as well as the franchisee Upchurch Foods, Incorporated. The company, which is also known as Upchurch Management, runs over 40 McDonald’s restaurants in Florida.
The NBC affiliate reports that McDonald’s and Upchurch argued they were not responsible for the burns.
After beginning deliberations on May 10, the jury ultimately found that McDonald’s and Upchurch were not negligent for the second-degree burns. However, the jury determined that the two businesses were at fault for not including warnings on the food, which caused the child to be burned.
Holmes said she was “thankful” for the decision.
“Just thankful that Olivia’s voice was heard. I’m glad McDonalds now has to acknowledge there’s a warning that needs to be put out there. Just thankful,” she said, according to WTVJ.
As for how much McDonald’s and Upchurch will have to pay the family in damages, attorneys said that a trial will likely take place in the summer to determine a specific amount.
McDonald’s sent NBC’s South Florida outlet a statement on May 11 that described the situation as an “unfortunate incident.”
“We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our customers,” the statement began. “Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures. This was an unfortunate incident, but we respectfully disagree with the verdict.”
The fast food chain concluded, “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
Brent Upchurch, who owns the management franchise, also shared he did not agree with the verdict in a separate statement obtained by WTVJ.
He expressed the company’s “sympathies” to the family, adding “we hold customer safety as one of our highest priorities.”
Upchurch continued, “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. 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.”
At the end of his message, he said, “Our community here in South Florida should remain confident that we will continue serving safe and high-quality meals, just as we’ve done for more than 50 years at Upchurch Management restaurants.”
This article was originally published on TODAY.com
