McDonald’s and its franchisee are being sued by the parents of a 4-year-old girl after she was left ‘disfigured and scarred’ due to a piping hot Chicken McNugget.
Philana Holmes claimed that while she was driving away from a McDonald’s drive-thru, her daughter who was in the back of the car suddenly screamed.
She told a court in Florida that when she pulled over to check what happened, she saw a hot chicken nugget stuck between a seatbelt and her daughter’s thigh.
The lawsuit stated that Holmes went to the McDonald’s drive-thru in Taramac and ordered a 6-piece Chicken McNuggets Happy Meal for her daughter, Olivia Holmes.
“The Chicken McNuggets inside of that Happy meal were unreasonably and dangerously hot (in terms of temperature) and caused Olivia Holmes’s skin and flesh around her thighs to burn,” it read.
The mother and the girl’s father, Humberto Caraballo Estevez, are now seeking $15,000 I damages, claiming McDonald’s served a chicken nugget that was ‘defective, harmful and unfit for human handling.’
Jordan Redavid, a representative of the family, told the court that McDonald’s and its franchisee failed to warn customers about the dangers of McNuggets.
“The reasonable, foreseeable, intended use is for a child to handle this box. The law implies a promise from a corporation to, in this case, a child,” he said.
“And if its preventable, its warnable, you should warn someone about it, and if you don’t do that then you’re liable.”
Redavid’s position was challenged by Scott Yount, McDonald’s attorney.
“Ms Holmes purchased 32 chicken McNuggets that day. the evidence will show that 31 of them, there was no problem with,” Yount said.
“In fact, Olivia dropped six on her lap, and she has one burn, and that’s the one location where the McNugget was trapped by the seatbelt for two minutes,” he continued.
“The Chicken McNuggets are not defective, they are not unreasonably dangerous, they are not dangerously hot, and there is no negligence.”
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Mother is scammer
First of all before I gave my child any hot food I would check the food heat and decide when it would be cool enough for her to eat or handle. It was mothers choice to give the child too hot of food.
Would she be suing if they were cold? Just like coffee, it’s supposed to be hot. Why do you have to tell someone to be careful it’s hot????
Omg if it was that hot how did she pick it up out of the boxs.Someone just trying to get money.
This is just silly. It is unreasonable to think the nuggets will be placed between seatbelt and bare thigh. Lots of things can be dangerous if used improperly.
What a scam
I work at McDonalds,my job is on the grill and frying,the chicken nuggets are hot when they come out of the oil,so this is the parents job to make sure when a child is eating them they are not hot.She is just looking for a quick buck.
A mother should never give a child any food before testing it . I never give my children or grandchildren the whole box until it is cool enough for a child to handle .