Florida McDonald’s likely to pay $15,000 to girl left disfigured after McNuggets fell on her lap      

Florida McDonald’s and franchise owner Upchurch Foods has been found partially liable for dangerously hot (in terms of temperature) chicken nuggets that caused a four-year-old girl to suffer second-degree burns, leaving her scarred and disfigured.

According to Associated Press, the jury found the franchise responsible for negligence and failure to warn the customer about the risk of hot food. However, the jurors also found that there was no defect in putting nuggets on the market and no breach of implied warranty, too.

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McDonald’s denied claims against negligence

Questions were raised about the extent to which food stores should take safety precautions. (Photo via Pexels/ready made)

In the lawsuit, several questions were raised about the extent to which food stores should take safety precautions to protect their customers and avoid such incidents.

Following that, McD accepted that it failed to provide proper instructions for safe handling, but it denied claims of negligence. The food giant said that it made “food safety a top priority”.

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McDonald’s girl Florida: What happened to the 4-year-old?

In 2019, Philana Homes drove her then four-year-old daughter and her brother to a McDonald’s drive-thru in Tarmarac, a suburb of Fort Lauderdale.

She purchased a six-piece chicken McNuggets Happy Meal for her daughter and a few minutes later, the nuggets fell on her daughter’s legs, leaving second-degree burns on her thighs.

In an interview at the time, Homes said that her daughter’s upper thigh was really red when she removed the nugget from it that got stuck between the car seat and her legs.

“My daughter is screaming; she’s yelling in pain” – Philana Homes said.

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About the lawsuit

The parents of the girl have demanded $15,000 as compensation. (Photo via Pexels/Leonardo Luz)

The lawsuit that was originally filed against McDonald’s and Upchurch Foods with the court in 2022 alleged that, as the McNuggets included in a Happy Meal were intended for children, they should have been able to be touched by bare skin.

It also claimed that the franchise and restaurant had a duty not to sell nuggets that were harmful, defective and unfit for human handling. The lawsuit included that McDonald’s had failed to supervise and train its workers handling the cooking of nuggets at the store, which is utmost negligence.

Lastly, it also claimed that McDonald’s had failed to provide a warning for the foreseeable harm or risk on either the box containing the nuggets or the Happy Meal box, which may have possibly reduced or prevented the incident.

The parents of the girl have demanded $15,000 as compensation for the physical and mental damages their daughter has gone through. They claimed that their daughter had sustained bodily injuries and also experienced suffering, pain and emotional and mental distress.

In an interview, the food giant called it an unfortunate incident:

"This was an unfortunate incident, but we respectfully disagree with the verdict. Our customers should continue to rely on McDonald's to follow policies and procedures for serving Chicken McNuggets safely.

Franchise owner Brent Upchurch said that his sympathies go out to the aforementioned family for what happened in the unfortunate incident. However, he added that the Tamarac McD “did indeed follow” all the safety protocols in terms of cooking and serving the menu items, including chicken nuggets.

A second trial will now decide how much McDonald’s must pay in compensation to the said family.