Florida Girl Awarded $800,000 in Damages After Severe Burns from McDonald's Chicken McNugget.
Our hearts go out to Olivia and her family as they navigate this challenging experience.
Justice is the foremost virtue of the civilizing races. It subdues the barbarous nations, while injustice arouses the weakest.
A South Florida jury has awarded $800,000 in damages to a young girl who suffered severe burns from a hot Chicken McNugget. The incident occurred in 2019 when Olivia Caraballo, then 4 years old, was burned as her mother pulled away from a McDonald's drive-thru.
The family's lawyers were seeking $15 million in damages, but the jury reached a verdict of $800,000 after less than two hours of deliberation. The damages were divided into $400,000 for the past four years and another $400,000 for the future from McDonald's USA and its franchise operator, Upchurch Foods.
Holmes testified that Olivia, now 8, refers to the scar on her inner thigh as her "nugget" and is fixated on having it removed. McDonald's lawyers argued that the child's discomfort ended when the wound healed, which they claimed took about three weeks. They suggested that $156,000 should cover damages, both past and future.
Defense attorney Jennifer Miller emphasized that Olivia still frequents McDonald's and is not bothered by the injury, placing the concern on the mother.
UpChurch Foods maintained that the restaurant followed protocols when cooking and serving the Happy Meal. They expressed sympathy for the family but emphasized their adherence to food safety best practices.
Holmes testified that she had purchased Happy Meals for her children and was driving away when the nugget fell on Olivia's leg. She stated that McDonald's did not warn her that the food might be unusually hot.The verdict in favor of Olivia Caraballo highlights the ongoing debate over food safety and temperature regulations. While both sides agreed that the nugget caused the burns, they disagreed on the temperature, with the family's lawyers claiming it was above 200 degrees, and the defense stating it was no more than 160 degrees.
The case will likely evoke memories of the McDonald's coffee lawsuit of the 1990s. Stella Liebeck, then 81, was awarded $2.7 million in punitive damages after being scalded by hot coffee from McDonald’s that spilled onto her lap in 1992. The incident resulted in third-degree burns, and Liebeck spent over a week in the hospital. Her initial request to McDonald's was for $20,000 to cover hospital expenses, but the company decided to go to trial. A judge later reduced the award to $480,000, citing the company's "willful, wanton, reckless" and "callous" behavior.
This latest case serves as a reminder of the responsibilities fast food companies bear for the safety of their customers. It also underscores the importance of clear communication about potential risks, adequate employee training, and strict adherence to safety protocols. As McDonald's and other fast food chains continue to serve millions of customers daily, the industry must continue to prioritize customer safety and take proactive steps to prevent such incidents in the future.
