Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
McDonald’s found liable for hot Chicken McNugget that burned girl
Philana Holmes and her daughter Olivia Caraballo, 7 listen to the final witness in their case at the Broward County Courthouse in Fort Lauderdale, Florida, on Wednesday May 10, 2023. McDonald’s and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on the girl's leg and caused second-degree burns, a jury in South Florida has found, Thursday, May 11. (Mike Stocker/South Florida Sun-Sentinel via AP)
Latest News
May 12, 2023

McDonald’s found liable for hot Chicken McNugget that burned girl

FORT LAUDERDALE, Florida (AP) — McDonald’s and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl’s leg and caused second-degree burns, a jury in South Florida found in a case reminiscent of the famous hot coffee lawsuit of the 1990s.

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.

Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.

“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,” McDonald’s owner-operator Brent Upchurch said in a statement. “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.”

Jurors heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh.

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 7, 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.

The sound of the girl’s screams were played in court. The child, who is autistic, did not testify, the newspaper reported.

Lawyers for McDonald’s noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.

The girl’s parents sued, saying that McDonald’s and the franchise owner failed to adequately train employees, failed to warn customers about the “dangerous” temperature of the food, and for cooking the food to a much higher temperature than necessary.

While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees (93 Celsius), while the defense said it was no more than 160 degrees (71 Celsius).

The case is likely to stoke memories of the McDonald’s coffee lawsuit of the 1990s, which became an urban legend of sorts about seemingly frivolous lawsuits, even though a jury and judge had found it anything but.

A New Mexico jury awarded Stella Liebeck, 81, $2.7 million in punitive damages after she was scalded in 1992 by hot coffee from McDonald’s that spilled onto her lap, burning her legs, groin and buttocks, as she tried to steady the cup with her legs while prying the lid off to add cream outside a drive-thru.

She suffered third-degree burns and spent more than a week in the hospital.

She had initially asked McDonald’s for $20,000 to cover hospital expenses, but the company went to trial. A judge later reduced the $2.7 million award to $480,000, which he said was appropriate for the “willful, wanton, reckless” and “callous” behavior by McDonald’s.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Intriguing matchups as second round of urban U14/U16 heats up
Latest News, Sports
Intriguing matchups as second round of urban U14/U16 heats up
February 8, 2026
Kingston College (KC) recorded the biggest victory in the second round of the ISSA/Mighty Malt Urban Under-16 football competition with a massive 13-0...
{"jamaica-observer":"Jamaica Observer"}
Portmore United defeat Harbour View to return to third in JPL
Latest News, Sports
Portmore United defeat Harbour View to return to third in JPL
February 8, 2026
Portmore United returned to third in the Jamaica Premier League points table after winning away at Harbour View 2-1 in their second round game played ...
{"jamaica-observer":"Jamaica Observer"}
Latest News, News
WATCH: Four-year-old shot dead, father wounded in Manchester gun attack
February 8, 2026
MANCHESTER, Jamaica — A four-year-old girl was shot dead and her father injured in a gun attack in Landsettlement near Royal Flat in Manchester on Sun...
{"jamaica-observer":"Jamaica Observer"}
WATCH: Kingston Gateway attracting strong interest, say developers
Business, Latest News
WATCH: Kingston Gateway attracting strong interest, say developers
Proven Properties, SAJE Logistics host open house for state-of-the-art warehousing facility
February 8, 2026
KINGSTON, Jamaica – The state-of-the-art Kingston Gateway Commercial and Warehouse Complex on Marcus Garvey Drive is attracting strong interest, accor...
{"jamaica-observer":"Jamaica Observer"}
Teejay and House of Talent Release JP Morgan
Entertainment, Latest News
Teejay and House of Talent Release JP Morgan
February 8, 2026
KINGSTON, Jamaica — Dancehall hitmaker Teejay is kicking off 2026 in style with the release of his latest feel-good single and music video, JP Morgan,...
{"jamaica-observer":"Jamaica Observer"}
Trump attacks Olympic skier with misgivings about representing US
International News, Latest News
Trump attacks Olympic skier with misgivings about representing US
February 8, 2026
WASHINGTON, United States (AFP) — President Donald Trump on Sunday attacked as a "real loser" a United States (US) Olympic skier who said he had mixed...
{"jamaica-observer":"Jamaica Observer"}
Puerto Rico proudly awaits Bad Bunny’s Super Bowl performance
International News, Latest News
Puerto Rico proudly awaits Bad Bunny’s Super Bowl performance
February 8, 2026
SAN JUAN, Puerto Rico (AFP) — On the streets of San Juan, Bad Bunny's compatriots are eagerly awaiting the world's most famous Puerto Rican to represe...
{"jamaica-observer":"Jamaica Observer"}
Jamaica swamp Cayman 12-0 in Concacaf U17
Latest News, Sports
Jamaica swamp Cayman 12-0 in Concacaf U17
February 8, 2026
KINGSTON, Jamaica — Kelvin Brown scored four times as Jamaica clobbered Cayman Islands 12-0 in their Concacaf Group G Under-17 boys World Cup qualifyi...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct