Kerry Howard Mwsigwa.
A Florida family has emerged victorious after their toddler suffered severe burns from a hot chicken nugget served at a McDonald’s drive-thru. The incident, which occurred in 2019, left the little girl disfigured and scarred, leading her parents to seek justice against McDonald’s and one of its franchisees, Upchurch Foods.
The family’s ordeal began during a routine trip to a Tamarac McDonald’s in Florida. As they ordered a Happy Meal for their four-year-old daughter, Olivia Caraballo, little did they know that this seemingly innocent meal would turn into a nightmare. The hot chicken nugget accidentally fell on Olivia’s thigh, causing second-degree burns and excruciating pain. Her mother, Philana Holmes, immediately pulled over to discover the nugget stuck between Olivia’s thigh and seatbelt, causing further harm.
The traumatized family took legal action against McDonald’s and Upchurch Foods, alleging that the nuggets were served unreasonably and dangerously hot, with no warning to customers about the potential risk of burns. Their quest for justice saw them fight tirelessly in court for compensation and accountability.
In May, a Broward County jury found McDonald’s and Upchurch Foods liable for failing to provide adequate warnings or instructions about the hot McNuggets dispensed at the drive-thru. The ruling established the duty of care that these food providers owe to their customers, especially the vulnerable, like young children.
The most recent verdict awarded the family a total of $800,000, recognizing the pain and suffering endured by Olivia and her parents. This includes compensation for disfigurement, mental anguish, inconvenience, and the loss of the capacity for enjoyment of life. $400,000 was designated for past injuries, and another $400,000 was granted for future damages, emphasizing the long-term impact of this tragic incident.
The legal principles of duty of care played a crucial role in this case. It required McDonald’s and Upchurch Foods to take reasonable care in serving their products to customers, especially when dealing with hot food items that could cause harm. Failure to meet this duty of care resulted in legal consequences, reminding businesses of their responsibilities towards the public.
