Recently, a Florida family was compensated $800,000 in a civil case verdict against McDonald’s local franchise in Tamarac. However, the little 4-year-old girl faces a second-degree burn on her thigh due to hot nuggets served in Happy Meal. This incident happened in 2019 when a little girl got her skin burned when accidentally a hot nugget fell on her leg. According to Philana Homes, the mother of Olivia Caraballo, the affected girl, picked up Happy Meal from the drive-thru when suddenly a chicken nugget fell on her daughter’s leg and got stuck with the seat belt. Too many hot nuggets resulted in the leg of the little girl being burned, and she suffered a second-degree skin-burn injury. However, in this blog, you will find all the details about the lawsuit, its allegations, future impacts, and the compensation amount. Could you keep reading to learn more about it?
Who is Olivia Caraballo?
Olivia Caraballo is a nine-year-old girl who resides in Florida with her parents, Philana Homes and Humberto Caraballo. She suffered a skin-burn injury when she was almost four years old during a drive-thru at MacDonald’s. Her parents filed a lawsuit against the franchise of McDonald’s for negligence and improper guidance about the hotly served meal. This case was highlighted in the media, and now she is successful in getting compensation for her pain sufferings. Her parents are happy at this court’s verdict.
The actual incident at McDonald’s franchisee
Let’s discuss this event in detail: in May 2019, Ms. Philana Holmes picked up her order at the drive-thru of MacDonald’s local franchise in Tamarac, Florida, where she got a Happy Meal for her daughter, Olivia. After receiving the pack, she delivered it to her daughter, seated at the back of the car. Suddenly, a hot nugget fell on her leg and got stuck with the seat belt. The nuggets were too hot and caused a second-degree burn on her leg. She screamed in pain. However, her mother took her to the hospital, where she got treatment. But her leg was severely injured, and her skin and flesh of thigh were poorly burned due to the hot fried nuggets. All these incidents were seen on CCTV cameras at McDonald’s.
McDonald’s Chicken Nuggets lawsuit and its background
A lawsuit was filed in 2019 against McDonald’s for negligence and serving hot nuggets in Happy Meals, which seem to be directly served as they come from the fryer. They didn’t mention handling with care or warn about the hotness of nuggets. However, a family from Florida faced the negligence of McDonald’s workers, resulting in their lovely daughter’s burnt leg. Mr. and Mrs. Caraballo filed this case in the district court of Fort Lauderdale, and the jury discussed all the aspects of this case and verdicts to pay compensation to the affected family. This Florida family suffers a lot from medical expenses and legal proceedings.
Allegation found in this lawsuit
This case gained attention in the media and news because of a little girl’s suffering. However, some significant allegations and claims made by the affected girl’s parents are discussed here briefly.
Negligence
Olivia’s parents alleged McDonald’s for its poor attention and negligence towards customers. They claimed that the burning incident was due to the negligence and lax of McDonald’s, which delivered fryer hot nuggets to kids in Happy Meals. Moreover, they alleged the franchise of carelessness towards the food served to little ones’ meals.
No warnings before delivering
The parents accused McDonald’s of no warnings before delivering hot meals for kids. Additionally, they claimed that the warnings about the hotness of nuggets could save their daughter from such severe burn injury.
Poor management
Moreover, the parents accused the franchise of poor management; the defendants failed to provide adequate training for their staff, overcooked the food, and neglected to warn customers about the potential risks associated with eating hot food. Also, they claimed they had seen all the incidents, but no one had rushed towards them to check the accident conditions.
Legal proceedings
The jury found McDonald’s accountable for neglecting to give instructions on handling food safely and Upchurch Foods Inc. responsible for carelessness and failing to alert customers to the dangers of eating hot food. The jury did not, however, conclude that McDonald’s conduct was careless about the burn. According to NBC Miami, the parents claimed that the “unreasonably and dangerously” hot nuggets in her Happy Meal from a Tamarac McDonald’s were the cause of her injuries.
The girl’s parents filed a lawsuit, requesting $15 million in damages, against Upchurch Foods, Inc., the company that owns the franchise, and McDonald’s. A jury found the two defendants guilty in May 2023. After just two hours of deliberation, the jury awarded Olivia, who was eight years old, $800,000 in damages in July 2023. According to the AP, the jury’s verdict form allotted $400,000 in damages for the past four years and another $400,000 for the future.
Reaction of Upchurch foods
McDonald’s did not immediately respond to a request for comment. However, McDonald’s lawyers reported that the nuggets are heated to 160 degrees to prevent salmonella infections and that it was not intended for the nugget to be thrown against human flesh for longer than two minutes. Given that the wound has fully healed and she is not permanently disabled, they believed the compensation to be excessively high.
The burn caused her to become deformed, even though the injury may not have permanently damaged her. This is unacceptable and should be paid under our legal system. However, McDonald’s notified NBC Miami in a statement on May 11th, following the initial decision, describing the incident as “unfortunate” and stating that “we respectfully disagree with the verdict.”
According to the firm, “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”
Future impact of this lawsuit
This case will significantly impact consumers and the company in the future. The case verdict of compensating the affected family, worth $800,000, is a tremendous achievement, according to Olivia’s attorney. “This momentous decision brings meaningful closure to an arduous and protracted legal process,” the family’s attorneys stated. This decision confirms that the defendants, Upchurch Foods Inc. and McDonald’s USA LLC, must now accept the consequences and implement full justice, as they were earlier found to be accountable for their wrongdoings.
However, McDonald’s didn’t consider them liable for this incident. In the future, customers will take extra precautionary measures before handling hot foods to avoid such accidents. Restaurants and food companies should also pay attention and warn customers about the dangers of consuming hot foods.
Conclusion
After finishing the above debate, the McDonald’s chicken nuggets lawsuit and its verdict gathered public attention. The court ordered McDonald’s to compensate the affected family $800,000 for the pain and suffering. However, the burning incident could be called an unfortunate accident. Meanwhile, Olivia’s family is delighted at this court decision and stated they suffered a lot in medical and legal procedures. This verdict is a victory for them. Moreover, they noted that the firm should take extra precautions and warn consumers about their hot food intake. Furthermore, the parents should check the food and its hotness before letting the child eat or take it.