In Florida, parents sued McDonald’s because a child was burned by nuggets

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In Florida, a jury has returned a verdict in the case of parents against McDonald’s and its Upchurch Foods franchise after nearly 4 years of litigation. In September 2019, the parents of a 4-year-old girl sued the company because the child was burned by hot nuggets from the Happy Meal menu, CNN reports. They claimed the “dangerously hot” Happy Meal chicken nuggets caused the child second-degree burns and scarring. The plaintiffs demanded 15 thousand dollars in compensation. Jurors found McDonald’s and franchise owner Upchurch Foods liable for the incident, but the court has yet to determine the amount of compensation. Read also: In the USA, a Russian woman who tried to poison a Ukrainian woman with cheesecake and steal her identity was tried. Illustrative photo: Robson90/Depositphotos On August 21, 2019, Philana Holmes stopped by McDonald’s in Tamarac in Broward County, Florida. Her 4-year-old daughter Olivia was in the back seat with her brother. Holmes bought her daughter a McNuggets Happy Meal that contained 6 pieces of chicken, milk and a Lion King toy. She handed the food to her daughter, but a piece of chicken fell out of the box and landed on the girl’s leg. When the child screamed, Holmes pulled into a nearby parking lot and noticed the burn. The lawyers said the restaurant should have known the nuggets were “not suitable for contact with the patron’s bare skin”. Also, the company should not have sold “unfit for consumption” nuggets, but instead should have properly supervised its employees. “The chicken nuggets inside this Happy Meal were unreasonably and dangerously hot, causing her ‘skin and muscles around her thighs to burn,'” the lawsuit said. The girl’s parents said their daughter was frightened, “disfigured and covered in scars.” The jury found McDonald’s and franchise owner Upchurch Foods liable for failing to warn or instruct the restaurant about possible harm from hot McNuggets. However, only Upchurch Foods was found negligent, not McDonald’s. The jury found that there was no marketing malpractice or breach of warranty with the McNuggets. After the verdict was read, UpChurch Foods said the Tamarack restaurant followed protocols in preparing and serving the Happy Meal. , what happened in this unfortunate incident, as we consider the safety of our customers to be one of our highest priorities. That’s why our restaurant adheres to strict rules of best food safety practices when it comes to preparing and serving our dishes, including chicken nuggets,” UpChurch Foods said in a statement. The company was “deeply disappointed” by the verdict. “Our community in South Florida must be confident that we will continue to provide safe and quality meals, just as we have done for more than 50 years at Upchurch Management restaurants,” UpChurch Foods added. McDonald’s also called the situation an “unfortunate incident,” but “with all due respect ” disagreed with the verdict. McDonald’s defense said the company had no control over the injuries. “Our customers should continue to rely on McDonald’s to follow policies and procedures for the safe serving of chicken nuggets,” McDonald’s said. According to the lawsuit, Holmes is seeking at least $15,000 in damages Jurors have yet to decide how much McDonald’s and UpChurch Foods will have to pay The law firm Fischer Redavid, which represents the plaintiff, told reporters that the case will go to a second trial to determine damages to the client. The family’s lawyers also said that Holmes and her husband, Umberto Caraballo Estevez, faced “negative public sentiment based on a misunderstanding of the true facts of this case.” We will remind you that a similar case has already happened in the USA. In the 90s, a woman filed a lawsuit against McDonald’s for hot coffee: she spilled the drink on her lap and received third-degree burns. The jury then agreed with the statement that the coffee was excessively hot. The plaintiffs were originally to pay nearly $3 million in damages, but after an appeal, she settled for a lower amount. Read also: In Lviv, an 18-year-old girl was tried for sex at a bus stop, but her partner was not

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