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MCDONALD’S was found to be at fault for not warning parents about high food temperatures after a four-year-old girl was burned by a chicken nugget.
The Fort Lauderdale, Florida, jury arrived at a split verdict on Thursday on the lawsuit filed against the fast-food restaurant and franchisee UpChurch.
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The court concluded that the McDonald’s store had failed to use appropriate food warning labels.
However, the popular chain was not found to be negligent or responsible for causing the burns themselves.
Upchurch was found liable for negligence and failure to warn customers about the risk.
Philana Holmes and Humberto Caraballo Estevez claimed that their daughter suffered second-degree burns from “unreasonably and dangerously” hot nuggets that fell into her lap from her happy meal.
Holmes testified that she realized something was wrong after her daughter, who is autistic, began intensely screaming in the back of the car.
She quickly pulled into a parking lot to examine her daughter and discovered the burns.
Both McDonald’s and Upchurch argued they were not at fault, according to a report by NBC Miami.
Lawyers for McDonald’s argued that the nuggets had to be prepared hot to avoid salmonella poisoning.
McDonald’s rejected the verdict in a statement released on Thursday, noting that there were policies and procedures in place that all customers should be aware of.
“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,” the company wrote.
“Together with our franchisees, for nearly 70 years, we have consistently served customers safe, high-quality food using strict policies and procedures,” the statement added.
Brent Upchurch, who owns the franchise Upchurch, also expressed disappointment with the verdict.
“We are deeply disappointed with today’s verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal,” he stated.
The company leader offered his sympathies to the family and assured customers that the store holds safety among its highest priorities.
“That’s why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets,” the statement continued.
Holmes and Esteves said that they were happy with the verdict and are hopeful that it will keep similar incidents from occurring in the future.
“Just thankful that Olivia’s voice was heard,” Holmes said.
“I’m glad McDonald’s now has to acknowledge there’s a warning that needs to be put out there. Just thankful.”
The amount the company will have to pay in damages will be determined at a separate trial, according to attorneys for the family.
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