7-Year-Old Girl Awarded $800,000 in Damages After Chicken McNugget Leaves Second-Degree Burn
A Florida jury has ruled in favor of a 7-year-old girl, Olivia Caraballo, who suffered a second-degree burn after a Chicken McNugget fell on her thigh during a visit to a McDonald’s in 2019. The jury in Broward County awarded Olivia $800,000 in damages for pain, suffering, and other mental anguish. The ruling draws comparisons to a landmark lawsuit against McDonald’s involving a scalding hot coffee incident over 30 years ago.
The lawsuit was brought by Olivia’s parents, Philana Holmes and Humberto Caraballo Estevez, against McDonald’s and Upchurch Foods, the franchise operator in Tamarac, Florida. In May, a separate jury found both companies liable for failing to provide adequate instructions or warnings about the potential risks associated with the consumption of Chicken McNuggets.
Despite the significant damages awarded, it remains uncertain whether McDonald’s and Upchurch Foods will appeal the decision. McDonald’s lawyers have declined to comment, and lawyers for Upchurch Foods have not responded to requests for comment. The companies have 15 days to pursue a new trial or 30 days to file an appeal under Florida law.
Jordan Redavid, the lead counsel for Olivia’s family, expressed satisfaction with the jury’s decision, declaring it a form of “full justice” for Olivia. Redavid also highlighted the vast difference between the awarded damages and the $156,000 proposed by McDonald’s lawyers during their closing statements.
The incident occurred in August 2019 when Olivia’s mother, Philana Holmes, ordered a six-piece Chicken McNuggets Happy Meal at a McDonald’s drive-through. After handing the nuggets to Olivia in the back seat, one piece fell onto Olivia’s lap, resulting in a disfiguring and scarring burn on her thigh.
Philana Holmes, in a telephone interview, expressed her contentment with the jury’s decision, stating that she only wanted her daughter’s voice to be heard. The court will oversee the disbursement of the funds awarded to Olivia, potentially appointing a guardian to propose how the money should be distributed. The funds are likely to be placed in an investment account until Olivia reaches adulthood.
This case has drawn comparisons to the well-known 1992 lawsuit against McDonald’s where Stella Liebeck suffered severe burns after spilling hot coffee on her lap at a McDonald’s drive-through in Albuquerque. Liebeck was initially awarded $2.9 million in damages, but the amount was later reduced to approximately $640,000. Legal experts argue that the hot coffee lawsuit had more merit than public perception acknowledged and led to changes in labeling practices within the industry.
In contrast to the infamous hot coffee case, Olivia’s lawyer, Jordan Redavid, emphasized the unique circumstances surrounding this incident. He argued that it would be unfair to fault a 4-year-old girl for not anticipating the temperature of a Chicken McNugget.
Since the 1992 lawsuit, McDonald’s and other coffee shops have implemented larger warning labels on their products. However, at present, McDonald’s does not provide warning labels on their Chicken McNuggets. Philana Holmes hopes that this incident will prompt McDonald’s to add labels or warnings to their Happy Meal boxes, cautioning consumers about the potential heat of the food.
The jury’s decision in Olivia’s case highlights the responsibility of corporations to ensure the safety of their products, especially when it comes to young consumers. The ruling serves as a reminder for companies to thoroughly evaluate potential risks and provide adequate warnings to prevent similar incidents in the future.