McDonald's found liable after chicken nugget burned four-year-old girl
McDonald’s has been found to have been at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl's leg, causing second-degree burns.
The 2019 incident left the four-year-old girl with a burned upper thigh, in a case reminiscent of the infamous 'hot coffee' lawsuit.
A jury in Florida found McDonald's and a franchise owner at fault over the nugget incident, following a two-day hearing in Florida.
The girl's mother, Philana Holmes, told the court she had bought Happy Meals for her son and daughter at a drive-thru window at a McDonald's in Tamarac, near Fort Lauderdale, the South Florida SunSentinel newspaper reported.
She said she handed the food to her children, who were in the back seat. As she drove away, her daughter started screaming.
The mother said she did not know what was wrong until she pulled over and saw the burn on the girl's leg.
Ms Holmes took photos on her phone, including audio clips of the child's screams, which were played in court.
Her daughter, who lives with autism, did not testify.
Lawyers for McDonald's said the food had to be hot to avoid salmonella poisoning.
The fast-food chain's legal team also noted the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
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The girl's parents sued, saying that McDonald's and the franchise owner failed to adequately train employees, warn customers about the "dangerous" temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed the nugget caused the burns, the family's lawyers argued the temperature was above 93C, while the defence said it was no more than 71C.
The decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food.
They also found McDonald's USA liable for failing to provide instructions for safe handling of the food.
McDonald's USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
"This was an unfortunate incident, but we respectfully disagree with the verdict," McDonald’s USA said in a statement.
"Our customers should continue to rely on McDonald's to follow policies and procedures for serving Chicken McNuggets safely."
A second jury will determine how much McDonald's USA and its franchise owner, Upchurch Foods, will pay the child and her mother.
The incident is not the first time McDonald's has faced a lawsuit over a customer's burns.
In 1992, the infamous 'hot coffee case' forced the fast food giant to pay out $2.7 million (£2.2m) to British customer Stella Liebeck, then aged 79.
She suffered third degree burns to her legs, groin and bottom when she accidentally spilled coffee in her lap after purchasing it from a McDonald's in Albuquerque, New Mexico.
She had been trying to steady the cup with her legs while prying the lid off to add cream and sugar.
Ms Liebeck, from Norwich, was in hospital for eight days, for extensive skin grafting, followed by two years of medical treatment.
Initially, Ms Liebeck had asked McDonald's for $20,000 (£16,000) to cover hospital expenses, but the company opted to go to trial.
The jury found McDonald's was 80% responsible for the incident, with the landmark case becoming the subject of an HBO documentary, Hot Coffee, in 2011.
A judge later reduced the award to $480,000 (£386,000), which he said was appropriate for the "willful, wanton, reckless" and "callous" behavior by McDonald's.