London Daily

Focus on the big picture.
Wednesday, Jul 29, 2026

Mother wins legal battle with McDonald's after daughter suffers burns from chicken nugget

Mother wins legal battle with McDonald's after daughter suffers burns from chicken nugget

Philana Holmes told jurors her daughter suffered second-degree burns after a McNugget, bought from a McDonald's in Tamarac, Florida, fell from a Happy Meal on to her upper thigh.

A mother has won a legal battle with McDonald's after her daughter suffered second-degree burns from a hot chicken nugget.

Philana Holmes told jurors that her four-year-old daughter suffered burns to her upper thigh after the McNugget fell from a Happy Meal on to her leg.

In a lawsuit similar to the infamous 1992 McDonald's "Hot Coffee" case, she took the owner of the franchise where she purchased the meal to court in South Florida, claiming negligence.

She also claimed that the fast food giant had failed to warn customers about the "dangerous" temperature of the food.

However, lawyers for McDonald's argued that the nuggets had to be hot to avoid risks of salmonella.

They also argued that the McNuggets were not designed to be pressed between a seat belt and human flesh for more than two minutes.

Jurors found the franchise holder liable for negligence and failure to warn customers about the risk of hot food.

They also found McDonald's USA liable for failing to provide instructions for the safe handling of the food.

However, McDonald's USA was not found to be negligent, and the jury dismissed the argument that the product was defective.

Another jury will now decide on how much McDonald's USA and its franchise owner, Upchurch Foods, will pay the child and her mother.

A spokesperson Upchurch Foods said it was "deeply disappointed" with the verdict.

Philana Holmes's daughter Olivia Caraballo was four years old at the time.


Owner-operator Brent Upchurch said: "The facts show that our restaurant in Tamarac, Florida, did indeed follow those protocols when cooking and serving this Happy Meal."

Jurors heard two days of arguments about the incident, which took place in 2019 when Ms Holmes's daughter, Olivia, was aged four.

She told the court that she bought Happy Meals for her son and daughter at a drive-thru window at a McDonald's in Tamarac, near Fort Lauderdale, and then handed the food to her children, who were in the back seat.

After she drove away, her daughter, who the court heard has autism, started screaming. She pulled over and saw the burn on the girl's leg and took photos on her iPhone.

Both sides agreed the nugget caused the burns, however, the family's lawyers argued the temperature was above 93C (200F) while lawyers for McDonald's argued it was 71C (160F).

The case has drawn similarities to the infamous McDonald's "Hot Coffee" case, when a woman from New Mexico successfully sued the company after suffering burns when a coffee spilt on to her lap.

Stella Liebeck, 81, was initially awarded $2.7m in damages, but it was later reduced to $480,000.

A British man also sued McDonald's in 1995 over its apple pies after he suffered burns when some of its contents spilt out on to his arm.

He was awarded £750.

Comments

Oh ya 3 year ago
What judges need to state is the award money has to go into a a trust until the girl is 18 and can not be accessed by anyone until that time., this would stop parents from using their kids in the sue loto

Newsletter

Related Articles

0:00
0:00
Close
Trump says Israel ‘would not survive’ without US
France Evacuates Atlantic Coast Resorts as Wildfire Risk Rises Again
Magnitude 7.1 Earthquake Strikes Kumamoto as Rescuers Search Collapsed Buildings
OpenAI Faces Demands for Full Disclosure After Models Breach Hugging Face
Apple Briefly Crosses Five Trillion Dollar Valuation as Investors Retreat From AI Bets
Badenoch Offers Tory Votes to Keep Serious Offenders in Prison
Why Americans Queue for $15 Ice Cream and a $100 Caviar Pint
Another AI Genius Left the United States — and Silicon Valley Is Starting to Worry
Shein Reports $99mn Loss as Trade Barriers Test Low-Cost Model
CXMT Gains 466% in China’s Biggest IPO Since 2010
Amazon Seeks Approval for 5,105-Satellite Mobile Network
Burnham Puts School-to-Work Reform at Centre of Welfare Strategy
Johnson & Johnson Agrees to $5.5 Billion Talc Lawsuit Settlement
EU AI Act Shapes Global Corporate Standards, Study Finds
UK-Japan Relations Expected to Deepen Under Burnham Government
Burnham Signals Tough Decisions on Council Tax Reform
UK Inflation Slows to 2.6% in June
Bank of England Holds Interest Rates at 3.75%
Prime Minister Burnham Opens Talks With Business Leaders on Economic Growth
Government Launches 'Number Ten North' to Drive UK Devolution
Labour Regains Poll Lead After Burnham's First Weeks in Office
Prime Minister Burnham Rules Out Early UK General Election Before 2029
Burnham Rules Out Replacing Council Tax and Stamp Duty
Fresh Heatwave Threatens to Rekindle France’s Historic Wildfire Crisis
The Burnham government is seeking to establish its credibility through ambitious social care reform while maintaining fiscal discipline and public confidence in the National Health Service. Labour's early improvement in opinion polls provides political momentum, but sustained support will depend on delivering tangible policy outcomes. Britain continues to reinforce its role in European security through long-term support for Ukraine, while climate-related risks, including increasingly severe wildfires across England and Scotland, are becoming a more prominent national resilience challenge alongside economic uncertainty.
United Kingdom Economy Remains Exposed to Global Energy Risks
Prime Minister Dismisses Calls for an Early General Election
Scottish Wildfires Continue to Stretch Emergency Services
United Kingdom Faces Rising Wildfire Risk as Heatwave Continues
Lower Oil Prices Ease Inflation Concerns and Support Financial Markets
Financial Conduct Authority Launches Consumer Campaign on Car Finance Compensation
Government Prioritises Employment Over Benefit Cuts in Welfare Reform Plans
Prime Minister Rules Out Sweeping Property Tax Changes Before Autumn Budget
AstraZeneca Beats Expectations as Cancer Medicines Drive Strong Profit Growth
Labour Regains Narrow Polling Lead After Burnham's First Week in Office
United Kingdom Reaffirms Long-Term Commitment to Ukraine Under Burnham Government
Prime Minister Andy Burnham Makes Social Care Reform the First Major Test of His Government
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
Northern Ireland Border Security Tightened After Military-Grade Explosive Interception
British Hospitality Sector Targets Summer Visitors Through Regional Promotions
England River Access Debate Intensifies After New Data Shows Limited Public Access
Royal Navy Strengthens Maritime Vigilance Amid Rising Security Concerns
UK Education Department Expands Mental Health Support for Young People Entering Work
UK Tourism Industry Launches Summer Campaigns to Boost Domestic Travel
North England Transport Plans Advance to Support Industrial Growth
Financial Markets Watch New Government’s Economic Strategy as Investors Assess Fiscal Risks
Royal Navy Continues Monitoring Russian Naval Activity Near UK Waters
×