Beautiful Virgin Islands

Thursday, Jan 02, 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
Ukraine Halts Russian Gas Transit, Sparking Energy and Diplomatic Turmoil in Europe
Terror Strikes New Orleans: Tragic New Year's Eve Attack Leaves 15 Dead
Tragedy at Sea: 20 Missing in Mediterranean Migrant Crisis
Romania and Bulgaria Join EU's Schengen Zone, Removing Land Border Controls
Australian Home Prices Begin to Cool After Nearly Two Years of Gains
Energy Bills Surge Again Amid Economic Strain on Families
Ivory Coast Announces Departure of French Troops
Ivory Coast to Evict French Troops Amid Surging Calls for African Sovereignty
Ukraine Ends Russian Gas Transit: A Shift with Geopolitical Ripples
Military Appeals Court Upholds 9/11 Plea Deals, Limiting Defense Secretary's Authority
Guatemalan Authorities on High Alert as 'Lev Tahor' Cult Leaders Threaten to Flee with Children to Mexico
South Korea Issues Arrest Warrant for Ousted President Over Martial Law Declaration
Russia and Ukraine Conduct Major Prisoner Exchange Amid Ongoing Conflict
Jimmy Carter: A Legacy of Peace and Humanity Remembered at 100
Kim Jong-un Pledges Toughest Anti-US Policies Amid Rising Tensions
In Unprecedented Exchange, Russia and Ukraine Swap Hundreds of Prisoners
Trinidad and Tobago Declares State of Emergency as Murder Rates Surge
Debate Over Transgender Inmate Policies Intensifies Amid Allegations of Assault in US Women’s Prison
Trump's Stance on H-1B Visas: Balancing Economic Value and National Interest
Channel Tragedy: Three Dead in Record Year for Perilous Crossings
Jimmy Carter: The Legacy of America's Centennial Statesman
Record Tragedy in the Channel: Three Dead and 2024 Becomes Deadliest Year for Sea Crossings
Operation Beepers: A Remarkable Triumph of Israeli Intelligence Against Hezbollah
Rail Unions Keep the UK in a Chokehold: The Battle Over Power and Pay
Today, Biden allocated an additional $1.25 billion to Ukraine.
Biden Reportedly Regrets Decision to Step Aside, Claims He Could Defeat Trump
Russian Tanker Seized in Baltic Investigated for Espionage
Elon Musk's Controversial Endorsement Adds Tension to German Politics
Putin Extends Olive Branch Amidst Tensions Over Azerbaijan Airlines Crash
Elon Musk’s Controversial Endorsement of Germany's AfD Sparks Editorial Resignation
The Missteps of 2024: Teams, Coaches, and Players Who Fell Short
Frustrated Canadian tells Trudeau to "Get out of BC" during his Christmas vacation ski trip
In Syria today, responding incorrectly to the question 'Are you Alawi or Sunni?' can be detrimental to your well-being.
Restricted Area in Australia
NATO to Amplify Baltic Defenses Amidst Shadowy Undersea Sabotage Claims
Dense Fog Disrupts Over 1,000 Flights at Heathrow and Gatwick
Biden Administration Commits Additional Military Aid to Ukraine
Biden Boosts Ukrainian Defense as North Korea Sinks Deeper into Russia's War
Azerbaijan Airlines Crash Triggers Speculation of Russian Misfire
Western Support for Ukraine Wanes Amidst Trump’s Return and Russian Resurgence
Ukraine Strikes Russian Missile Factory, Deepening Tensions
Ireland's Medieval Ecclesiastical Register Undergoes Conservation
The Closure of the Global Engagement Center: Controversy, Claims, and Conclusions
The Rise of Princess Charlotte: A New Star in the Royal Firmament
Diplomatic Waters: Finland's Seizure of a Russian-linked Vessel in the Baltic Sea
Reform UK Declares Itself the 'Real Opposition' Amid Membership Surge
Pope Francis Opens Holy Door at Major Italian Prison
Britain’s ‘Wild West’ of Weight-Loss Jab Promotions Faces Growing Scrutiny
Pope Francis Urges Unprecedented Dialogue Amid Escalating Ukraine-Russia Tensions
Dozens Survive Kazakhstan Passenger Jet Crash Amid Tragedy
×