A McDonald’s franchisee has been found partially liable after a hot Chicken nugget burned the thigh of a four-year-old girl.

A jury in Florida found both McDonald’s and the franchisee had failed to provide instructions for the food which could have prevented the incident.

Furious parents Humberto Caraballo Estevez and Philana Holmes sued the fast food giant and franchisee UpChurch Foods for $15,000, claiming they served a ‘defective, harmful and unfit for human handling’ chicken nugget.

According to the complaint, Holmes heard her daughter Olivia screaming in the back of the car while they were leaving the drive-thru.

When she checked what was happening, she found a piping hot chicken nugget stuck between a seatbelt and her daughter’s thigh, which caused second-degree burns after remaining in contact wit her skin for two minutes.

While the jury found there was negligence on the part of the franchisee, it didn’t find negligence on the part of McDonald’s which was a legal cause of loss, harm or injury to the child.

Fischer Redavid PLLC, the law firm representing the family, described the jury’s decision as a ‘tremendous victory for a deserving family.’

In a Facebook statement, the firm said: “They stayed patient and fought hard with us for multiple years against a wealthy corporation: a jury unanimously ruled in favor of our client.”

It also said that the verdict was a ‘critical first step’ for the parents, who ‘for years have had to deal with the ramifications of something that was – now unquestionably – foreseeable, avoidable, and should never have happened.’

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