A South Florida jury held McDonald's and the franchisee at fault when a hot Chicken McNugget from a Happy Meal dropped on a 4-year-old child's leg, causing second-degree burns.
According to the South Florida SunSentinel, the amount of compensation paid to the girl and her mother by McDonald's USA and its franchise owner, Upchurch Foods, will be decided by a second jury.
The Court's Verdict
On Thursday, May 11, AP News said the jury returned a verdict that was split: the franchise holder was found negligent and failed to warn consumers about the danger of hot food, while McDonald's USA was found liable for failing to offer instructions for the safe handling of the meal.
Independent reported that the jury did not agree that McDonald's USA was at fault for the burns and did not buy the claim that the food was defective.
McDonald's USA issued a statement expressing that they respectfully disagree with the verdict. It said customers may be certain that the company will adhere to all necessary protocols to ensure the safety of their Chicken McNuggets.
What happened to the kid?
The incident in 2019 that left the 4-year-old kid with burns to her upper thigh was discussed at length in court for two days before the jury ultimately decided that McDonald's was at fault, Fortune reported.
According to the SunSentinel, Philana Holmes testified that she had purchased Happy Meals for her two children at a McDonald's drive-thru window in Tamarac, Florida, which is located near Fort Lauderdale. She said she fed her kids in the back seat.
Her daughter began crying as soon as she drove the car. The mother said that she did not realize anything was wrong until she stopped helping the kid, who was later named in court documents as Olivia.
After seeing the burn on the girl's leg, she snapped pictures of it and recorded audio of the child's cries on her iPhone.
In court, the judge listened to a recording of the girl's screaming.
McDonald's legal team argued that the nuggets should not have been compressed between a seatbelt and a human body for more than two minutes and that the meal should have been served hot to prevent salmonella contamination.
The girl's parents filed a lawsuit against McDonald's and the franchise owner, claiming that they were negligent in their training of staff, in their provision of proper warnings to customers on the "dangerous" temperature of the meal, and in their preparation of the dish at a far higher degree than was required.
The attorneys for the family said the nugget's temperature was above 200 degrees (93 Celsius), while the defense claimed it was no hotter than 160 degrees (71 Celsius).
