McDonald's found guilty of burning a child with a hot nugget

McDonald's and one of the franchisees were found guilty of burning a girl with a hot chicken nugget. Writes about it APNews.

Photo: IStock

A McNugget hot chicken from a Happy Meal fell on a little girl's leg and caused second-degree burns.

A jury will determine how much McDonald's and the franchisees will pay the child and her mother.

The May 11 decision was divided, with the jury holding the franchisee liable for negligence and failing to warn customers of the risk of hot food, and McDonald's for failing to provide food safety instructions. McDonald's was not found guilty of negligence and the jury rejected the argument that the product was defective.

“We extend our sympathies to this family for what happened and consider customer safety one of our top priorities,” McDonald's spokesman Brent Upchurch said in a statement. “We are deeply disappointed in the verdict as the facts show that our restaurant in Tamarac, Florida, followed all protocols in preparing and serving these Happy Meals.”

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Over the course of two days, jurors heard testimony and arguments about a 2019 episode in which a 4-year-old girl suffered a burn to her upper thigh.

Philana Holmes said she bought Happy Meals for her son and then 4-year-old daughter at a McDonald's in Tamarack, near Fort Lauderdale. She passed the food to her children, who were in the back seat.

As soon as she drove off, her daughter started screaming. The mother said she didn't know what had happened until she stopped to help Olivia Caraballo, now 7. The mother saw the burn on her daughter's leg and took photos on her iPhone, as well as an audio recording of children's screams.

These sounds of the girl's screams sounded in court. The autistic child did not testify.

McDonald's lawyers noted that the food must be hot to avoid salmonella poisoning, and the nuggets must not stand on human flesh or be worn under a seat belt.

The girl's parents filed a lawsuit against McDonald's and the franchisee for failing to properly train employees and also not to warn customers about the "dangerous" food temperature.

Although both sides agreed that the nugget caused burns, the family's lawyers argued that the temperature was over 200 degrees (+93 degrees Celsius), while the defense said it did not exceed 160 degrees (+71 Celsius).

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The case is likely to evoke memories of the McDonald's lawsuit in the 1990s, which became something of an urban legend about seemingly frivolous trials, although the jury and judge didn't think it was anything different.

A New Mexico jury has awarded 81-year-old Stella Liebeck $2,7 million in damages after she burned herself in 1992 when hot McDonald's coffee spilled on her lap, burning her legs and buttocks when she tried to hold on to a cup with her feet. lift the lid to add the cream.

Stella received third-degree burns and spent more than a week in the hospital.

She first asked McDonald's for $20 to cover hospital costs, but the company went to court. The judge later reduced the amount from $000 million to $2,7.

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