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Manchester Evening News
Manchester Evening News
World
Helena Vesty & Vassi Barba

McDonald's found negligent after girl burnt by chicken nugget

A Happy Meal Chicken McNugget left a young girl with second degree burns on her leg after it fell from the box. The chain has been found guilty in court in America of being negligent for failing to warn customers of the dangers of hot food.

A jury also found the chain at fault for not providing instructions for the safe handling of the food. There was a disagreement at the case with the lawyers for the family claiming the nugget was at 200 degrees Fahrenheit - 93C, while the defence argued it was no more than 160 degrees Fahrenheit 71C.

In a statement, McDonald’s called it an “unfortunate incident” but that they “respectfully disagree with the verdict.” McDonald’s defence said it had no control over the injuries and damages, the Mirror reported.

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McDonald’s owner-operator Brent Upchurch said in a statement: “Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities.

“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.”

The complaint alleged: “The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot (in terms of temperature),” and caused her “skin and flesh around her thighs to burn,” leaving her “disfigured and scarred.”

You can create your own Happy Meal (PA)

The court papers said the franchise should have known the nuggets were “unfit for human handling,” had a duty not to sell them, and it should have adequately trained and supervised its employees.

Philana Holmes testified that she bought Happy Meals for her son and then-4-year-old daughter at a drive-thru window at a McDonald’s in Tamarac, near Fort Lauderdale, the SunSentinel reported. She handed the food to her children, who were in the back seat.

After she drove away, her daughter started screaming. The mother testified she didn’t know what was wrong until she pulled over to help the girl, Olivia Caraballo, who is now seven, the newspaper reported.

She saw the burn on the girl’s leg and took photos on her iPhone, which included audio clips of the child’s screams.

A second jury will determine how much McDonald’s USA and its franchise owner, Upchurch Foods, will pay the child and her mother, the South Florida SunSentinel reported.

The case echoes the infamous McDonald’s hot coffee lawsuit of the ’90s, in which a woman spilt coffee on her lap and suffered third-degree burns. A jury agreed with her contention that the coffee was unreasonably hot. The victim in that case was initially awarded nearly $3 million, but she settled for less after an appeal.

“This is not the infamous Hot Coffee case; this is Olivia’s case,” the law firm said in a statement to WPLG. “She’s an adorable, innocent child who was severely burned through no fault of her own.”

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