A second jury will reportedly determine how much McDonald’s USA and its franchise owner, Upchurch Foods, will pay the child and her mother
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 has found.
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.
The jury heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh before finding McDonald’s to blame. 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, identified in court as Olivia, 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 child, who is autistic, did not testify, the newspaper reported.
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