Beautiful Virgin Islands

Thursday, Jul 03, 2025

Mother wins legal battle with McDonald's after daughter suffers burns from chicken nugget

Mother wins legal battle with McDonald's after daughter suffers burns from chicken nugget

Philana Holmes told jurors her daughter suffered second-degree burns after a McNugget, bought from a McDonald's in Tamarac, Florida, fell from a Happy Meal on to her upper thigh.

A mother has won a legal battle with McDonald's after her daughter suffered second-degree burns from a hot chicken nugget.

Philana Holmes told jurors that her four-year-old daughter suffered burns to her upper thigh after the McNugget fell from a Happy Meal on to her leg.

In a lawsuit similar to the infamous 1992 McDonald's "Hot Coffee" case, she took the owner of the franchise where she purchased the meal to court in South Florida, claiming negligence.

She also claimed that the fast food giant had failed to warn customers about the "dangerous" temperature of the food.

However, lawyers for McDonald's argued that the nuggets had to be hot to avoid risks of salmonella.

They also argued that the McNuggets were not designed to be pressed between a seat belt and human flesh for more than two minutes.

Jurors found the franchise holder liable for negligence and failure to warn customers about the risk of hot food.

They also found McDonald's USA liable for failing to provide instructions for the safe handling of the food.

However, McDonald's USA was not found to be negligent, and the jury dismissed the argument that the product was defective.

Another jury will now decide on how much McDonald's USA and its franchise owner, Upchurch Foods, will pay the child and her mother.

A spokesperson Upchurch Foods said it was "deeply disappointed" with the verdict.

Philana Holmes's daughter Olivia Caraballo was four years old at the time.


Owner-operator Brent Upchurch said: "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 arguments about the incident, which took place in 2019 when Ms Holmes's daughter, Olivia, was aged four.

She told the court that she bought Happy Meals for her son and daughter at a drive-thru window at a McDonald's in Tamarac, near Fort Lauderdale, and then handed the food to her children, who were in the back seat.

After she drove away, her daughter, who the court heard has autism, started screaming. She pulled over and saw the burn on the girl's leg and took photos on her iPhone.

Both sides agreed the nugget caused the burns, however, the family's lawyers argued the temperature was above 93C (200F) while lawyers for McDonald's argued it was 71C (160F).

The case has drawn similarities to the infamous McDonald's "Hot Coffee" case, when a woman from New Mexico successfully sued the company after suffering burns when a coffee spilt on to her lap.

Stella Liebeck, 81, was initially awarded $2.7m in damages, but it was later reduced to $480,000.

A British man also sued McDonald's in 1995 over its apple pies after he suffered burns when some of its contents spilt out on to his arm.

He was awarded £750.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
DJI Launches Heavy-Duty Coaxial Quadcopter with 80 kg Lift Capacity
U.S. Senate Approves Major Legislation Dubbed the 'Big Beautiful Bill'
Largest Healthcare Fraud Takedown in U.S. History Announced by DOJ
Poland Implements Border Checks Amid Growing Migration Tensions
Political Dispute Escalates Between Trump and Musk
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
US Senate Votes to Remove AI Regulation Moratorium from Domestic Policy Bill
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
Jury Deliberations in Diddy Trial Yield Partial Verdict in Serious Criminal Charges
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
King Charles Plans Significant Role for Prince Harry in Coronation
Two Chinese Nationals Arrested for Espionage Activities Against U.S. Navy
Amazon Reaches Major Automation Milestone with Over One Million Robots
Extreme Heat Wave Sweeps Across Europe, Hitting Record Temperatures
Meta Announces Formation of Ambitious AI Unit, Meta Superintelligence Labs
Robots Compete in Football Tournament in China Amid Injuries
Trump Administration Considers Withdrawal of Funding for Hospitals Providing Gender Treatment to Minors
Texas Enacts Law Allowing Gold and Silver Transactions
China Unveils Miniature Insect-Like Surveillance Drone
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Marc Marquez Claims Victory at Dutch Grand Prix Amidst Family Misfortune
Germany Votes to Suspend Family Reunification for Asylum Seekers
Elon Musk Critiques Senate Budget Proposal Over Job Losses and Strategic Risks
Los Angeles Riots ended with Federal Investigations into Funding
Budapest Pride Parade Draws 200,000 Participants Amid Government Ban
Southern Europe Experiences Extreme Heat
Xiaomi's YU7 SUV Launch Garners Record Pre-Orders Amid Market Challenges
Jeff Bezos and Lauren Sanchez's Lavish Wedding in Venice
Russia Launches Largest Air Assault on Ukraine Since Invasion
Education Secretary Announces Overhaul of Complaints System Amid Rising Parental Grievances
Massive Anti-Government Protests Erupt in Belgrade
Trump Ends Trade Talks with Canada Over Digital Services Tax
UK Government Softens Welfare Reform Plans Amid Labour Party Rebellion
Labour Faces Rebellion Over Disability Benefit Reforms Ahead of Key Vote
Jeff Bezos and Lauren Sánchez Host Lavish Wedding in Venice Amid Protests
Trump Asserts Readiness for Further Strikes on Iran Amid Nuclear Tensions
North Korea to Open New Beach Resort to Boost Tourism Economy
UK Labour Party Faces Internal Tensions Over Welfare Reforms
Andrew Cuomo Hints at Potential November Comeback Amid Democratic Primary Results
Curtis Sliwa Champions His Vision for New York City Amid Rising Crime Concerns
Federal Reserve Proposes Changes to Capital Rule Affecting Major Banks
EU TO HUNGARY: LET THEM PRIDE OR PREP FOR SHADE. ORBÁN TO EU: STAY IN YOUR LANE AND FIX YOUR OWN MESS.
Trump Escalates Criticism of Media Over Iran Strike Coverage
Trump Announces Upcoming US-Iran Meeting Amid Controversial Airstrikes
Trump Moves to Reshape Middle East Following Israel-Iran Conflict
Big Four Accounting Firms Fined in Exam Cheating Scandal
NATO Members Agree to 5% Defense Spending Target by 2035
Australia's Star Casino Secures $195 Million Rescue Package Amid Challenges
UK to Enhance Nuclear Capabilities with Acquisition of F-35A Fighter Jets
×