McDonald’s found liable for US girl’s burns from hot chicken nugget
- A second jury will decide how much compensation is owed after Philana Holmes’s daughter was injured by a piece of food that fell on her lap at the drive-through
- The girl, who is autistic and did not testify, had started screaming as the nugget was pressed into her thigh by a seat belt
McDonald’s is to blame for not warning customers about the dangers of its overheated Chicken McNuggets, one of which fell on a little girl’s lap and left her with second-degree burns on her upper thigh in 2019, a Florida jury ruled on Thursday.
A second jury will be empanelled to decide just how much McDonald’s and its franchise operator will be ordered to pay.
The jury’s decision came after two days of testimony and arguments about what happened to a four-year-old girl in August 2019 and who was responsible.
The girl’s mother, Philana Holmes, testified that she bought Happy Meals for her son and daughter at a McDonald’s in the city of Tamarac, receiving no warning that the food might be unusually hot.
After receiving the food from the drive-through window, Holmes said she handed the food to her daughter and son in the back seat and drove away.
When a piece of chicken fell on her daughter’s leg, Holmes said she did not realise at first why her daughter was screaming.
The girl, identified in court as Olivia, is autistic and did not testify during the trial. Holmes said she pulled into a nearby car park to help the child. That is when she noticed the burn.
The pictures she took on her iPhone included sound clips that were played in court. The little girl’s intense screams filled the courtroom at the trial’s opening.
Lawyers for McDonald’s argued that the food had to be hot to avoid salmonella poisoning. They also said the nuggets were meant to be eaten, not pressed between a seat belt and human flesh for more than two minutes.
The girl’s parents sued the franchise operator, Upchurch Foods, and McDonald’s USA for failing to adequately train its employees, failing to warn consumers about the “dangerous” temperature of the food, and cooking the food to a temperature much hotter than necessary.
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The plaintiffs argued the temperature had to be above 200 Fahrenheit (93 degrees Celsius), while defence lawyers argued it was no more than 160 Fahrenheit.
Each side agreed the nugget caused the girl’s second-degree burns.
McDonald’s USA issued a statement about the decision Thursday. “This was an unfortunate incident, but we respectfully disagree with the verdict,” it read.
“Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
The jury’s verdict was split. Upchurch was found liable for negligence and failure to warn customers about the risk. McDonald’s USA was found liable for failing to provide instructions for safe handling of the food. It was not found to be negligent.
For both defendants, the jury rejected the argument that the product was defective.
