10 May 2023 , 20:32
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Angry parents are suing McDonald's for more than $15,000 after they claim a piping hot chicken nugget left their four-year-old daughter "disfigured".
The parents, from Broward, Florida, say their local branch of the fast food chain served a chicken nugget that was too hot and left their daughter with a scarring burn.
Opening statements have now began in court, and mum Philana Holme testified that the family visited the drive-thru at 7600 NW 57th St. in Tamarac and ordered a six-piece Chicken McNuggets Happy Meal for her then-four-year-old daughter.
Ms Holmes went on to explain in a pre-trial deposition how the girl had dropped the nugget in her lap before the food item became lodged between her thigh and car seat belt.
"The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot...and caused (the victim’s skin and flesh around her thighs to burn," the lawsuit states.
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Family attorney Jordan Redavid holds a Happy Meal box during the court hearing (Local 10)The girl's father Humberto Caraballo Estevez said: "Every once in a while she looks at (the scar) and refers to it as her chicken nugget."
The suit also claims the girl has been left “disfigured and scarred" by the incident adding McDonald's had served food “unfit for human handling — let alone consumption” due to the temperature, reports Local10.com
Family attorney Jordan Redavid said: "The reasonable, foreseeable, intended use is for a child to handle this box.
"The law implies a promise from a corporation, in this case, a child, that when they use it as intended, they’ll be safe.
"It wasn’t. If it’s preventable, it’s warnable. You should warn someone about it. If you don’t do that, then you’re liable."
Images of the family during their drive-thru trip which resulted in the court case (Local 10)Both McDonald’s and the franchisee, Upchurch Foods, are denying any fault.
Scott Yount, an attorney representing McDonald’s, said: "Ms Holmes purchased 32 Chicken McNuggets that day. The evidence will show (that for) 31 of them, there was no problem.”
McDonald’s and their franchisee argue food safety rules require McNuggets to be hot enough, otherwise, they’re unsafe to eat, adding that what happens to a McNugget once it leaves the drive-thru window is beyond their control.
In a statement McDonald's said: "We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests.
CCTV images from the franchise (Local 10)"This matter was looked into thoroughly.
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"Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve.
"Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.
"Together with our franchisees, we have made food safety a top priority for nearly 70 years, ensuring that our customers can rely on McDonald’s for safe and quality food."
The trial continues.