Florida jury awards $800,000 to family in a lawsuit against McDonald’s and franchisee over alleged chicken nugget burn to their four-year-old daughter.
A Lawsuit Against McDonald’s
The couple filed a lawsuit against McDonald’s and one of its franchisees in May 2019, alleging that their four-year-old daughter, Olivia, sustained burns from a chicken nugget purchased in a Happy Meal box at a drive-thru in Tamarac, Florida.
It Was a “Dangerously Hot” Nugget
According to the claim, the “dangerously hot” nugget slipped out of the box and landed on Olivia’s lap, resulting in excruciating screams and severe second-degree burns that left her “disfigured and scarred.”
They Recorded Her Cries for Evidence
The heart-wrenching recording of her cries was presented as evidence in court, underscoring the severity of the incident.
The Money is Also for Long-Term Impact
The $800,000 settlement is divided into two parts: $400,000 for the injuries Olivia endured immediately after the incident and another $400,000 for the injuries and damages she is expected to suffer in the future due to the incident’s long-term impact.
She Lost the Capacity to Enjoy Life
The lawsuit contended that the injuries caused significant pain and suffering, disfigurement, mental anguish, inconvenience, and a loss of capacity to enjoy life.
They’re Getting “Meaningful Closure”
In a statement issued by the family’s legal team, they expressed their relief at finally achieving “meaningful closure” after an arduous and protracted legal battle.
Providing Full Justice
They highlighted that the defendants, Upchurch Foods Inc and McDonald’s USA LLC, had been previously established as liable for their wrongful actions, and this verdict reaffirms the necessity for them to face the consequences and provide full justice.
Accusing McDonald’s of Negligence
The lawsuit specifically accused McDonald’s and Upchurch Foods of negligence and failure to properly train employees on food safety measures.
The Chicken Was Unfit for Human Handling
The family argued that the fast-food giant’s employee served the chicken nuggets at an “unreasonably and dangerously” high temperature, making them “defective, harmful, and unfit for human handling.”
The Happy Meal Box is for Children
During the court proceedings, the family’s lawyer, Jordan Redavid, asserted that the standard Happy Meal box is intended for use by children and, therefore, implies a promise from the corporation to ensure its safety.
There Should Be a Warning
He contended that if preventable hazards exist, the company should have warned consumers, making them liable for any harm caused due to a lack of adequate warnings.
McDonald’s Respectfully Disagrees
In response to the lawsuit, McDonald’s issued a statement expressing respectful disagreement with the plaintiff’s claims.
Scott Yount, representing McDonald’s in court, staunchly maintained that there was “no negligence” on the part of his client.
31 Other Chicken Nuggets Were Fine
Yount pointed out that on the same day, Ms. Holmes had purchased 32 chicken McNuggets, with only one nugget reportedly causing the issue.
Reminiscent of the Famous Coffee Incident
The case brings to mind the infamous lawsuit filed by Stella Liebeck against McDonald’s in 1992, where she successfully sued the company for burns suffered after spilling hot coffee on her lap.
The jury awarded her $2.7 million in punitive damages, drawing attention to corporations’ responsibilities toward customer safety.
The Need to Care for Their Customers
The recent verdict in the Holmes and Caraballo Estevez case underscores the importance of consumer safety in the fast-food industry.
Protecting the Vulnerable
It highlights the necessity for companies to uphold their duty of care to their customers, especially vulnerable young ones.
The Seriousness of These Incidents
The significant compensation awarded to the family demonstrates the seriousness with which such incidents are viewed and serves as a reminder that safety standards should never be compromised.
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The post “Scarred” – McDonalds to Pay $800,000 to a Family Whose Daughter Was Burned by a Chicken Nugget first appeared on Wealthy Living.
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Source : SunSentinel