McDonald’s was found liable Thursday for a hot Chicken McNugget that fell from a Happy Meal and allegedly burned a four-year-old girl, causing second-degree burns. Now, the company, as well as its franchise owner, Upchurch Foods, is waiting to hear how much it will need to pay the child and her mother.
A second jury will determine how much McDonald’s and its owner will have to pay, according to a report by NBC Miami.
The jury found Upchurch Foods liable for negligence and failure to warn customers about the risks of hot food, and McDonald’s liable for failing to provide instructions for how to handle the food safely.
McDonald’s, however, was not found negligent and the jury dismissed the claim that McNuggets are defective.
“This was an unfortunate incident, but we respectfully disagree with the verdict,” McDonald’s said. “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
Philana Holmes testified that she bought her son and daughter Happy Meals at a McDonald’s drive-thru, and handed the food to her children who were in the backseat. After she drove away, her daughter started screaming, Holmes said.
The mother said that when she pulled over, she saw a burn on her daughter’s leg and took photos of the injuries with her iPhone. Holmes even took audio clips of her daughter screaming, which were played for the jury in court.
While attorneys for McDonald’s agreed that the nugget caused the burns, they said the food needs to be hot in order to prevent salmonella poisoning and Chicken McNuggets are not supposed to be pressed between a seat belt and human flesh.
This is not the first time McDonald’s has been sued by a customer claiming the company’s food caused burns.
In the 1990s, a woman from New Mexico sued the fast food restaurant over hot coffee that spilled on her lap in her car. The woman ended up getting skin grafts as a result of her burn injuries. She was also awarded $160,000 in compensatory damages and $2.7 million in punitive damages.
You can follow Alana Mastrangelo on Facebook and Twitter at @ARmastrangelo, and on Instagram.
COMMENTS
Please let us know if you're having issues with commenting.