McDonald's to Pay $800k (₹6,55,92,400) to 8-Year Old Girl for Second Degree Burn Due to Chicken Nuggets

In a Florida court case, a mother was awarded $800,000 from McDonald's as her daughter suffered second-degree burns when a piping hot McNugget accidentally fell on her lap in 2019.

The jury arrived at the verdict in less than two hours of deliberation on Wednesday, 19th July, 2023, afternoon. They awarded $400,000 for the past four years and another $400,000 for future damages.

Philana Holmes, the mother of the child, expressed her happiness that the court had been understanding of her daughter's situation. She shared her contentment with the jury's award, stating that she had no expectations initially and felt that the given compensation was more than fair. When speaking to reporters outside the courtroom, she conveyed her satisfaction with the outcome.

During the testimony, Holmes testified that her now eight-year-old daughter, Olivia, refers to the scar on her inner thigh as her 'nugget' and desires to have it removed.

John Fischer, the family's attorney, advocated for $5 million in damages for the past four years and an additional $10 million to account for the estimated remaining 74 years of Olivia Caraballo's life.

The attorneys representing the fast-food chain contended that Olivia's pain and discomfort ceased once her wound had healed, which they asserted took three weeks. They argued that an amount of $156,000 would adequately cover both past and future expenses related to the incident.

How did the incident happen?

Holmes testified she purchased Happy Meals for her children and was not warned about the hot food. When Olivia started screaming in pain, Holmes immediately pulled into a parking lot where she noticed the burn on her daughter's lap. She took some pictures of the injury, which were presented in court along with audio clips capturing Olivia's cries of pain.

Both the pictures and sound clips were displayed to the jury in May and were subsequently presented to the second jury as well.

Medical experts and Olivia's parents testified in court, revealing that in the weeks after the incident, the burn was bright red and extremely painful. The then-four-year-old was so afraid of touching the burn that she had accidents rather than pulling down her underwear.

Over time, the burn developed into a small, raised scar, which no longer causes physical pain. However, Olivia's lawyers argued that the pain has translated into emotional suffering.

Family attorney Keyla Smith, after the verdict, stated that she believed the jury had expressed their decision clearly. "We asked for what we think is fair, what the evidence supports."

McDonald's legal team refrained from commenting after the verdict.

Holmes expressed her wish for the chain to start labeling their chicken nugget boxes with cautionary heat labels, although they are not legally obligated to do so.

She added that her daughter is currently undergoing speech therapy, attending school, and being a beautiful little girl. Holmes hopes that at some point, her daughter will get the scar revised.

This incident is reminiscent of the famous 1994 case involving Stella Liebeck, who was burned by hot coffee from McDonald's. The company was initially ordered to pay nearly $3 million, but the final settlement was later reached during an appeal. As a result, coffee cups now come with warning labels.

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