London Daily

Focus on the big picture.
Wednesday, Jul 15, 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
Forget Tinder: The Surprising Platform Where People Find Love
Spain and UK Dismantle Gibraltar Border Following Landmark Schengen Integration Treaty
Spain in Ecstasy: "We Feel Unbeatable, We Taught the Whole World a Lesson"
UK Government Faces Growing Debate Over Local Control of Immigration Enforcement
UK Biodiversity Forum Highlights Business Need to Protect Natural Environment
UK Parliament to Consider Workplace Temperature Limits Amid Climate Concerns
UK Parliament Considers Independent Immigration Appeals Authority Proposal
BBC Charter Renewal Scrutiny Intensifies as Parliament Reviews Broadcaster’s Future
Parliament Reviews Future of UK Maternity and Neonatal Care Services
UK-India Trade Accelerator Launched to Help Smaller Firms Expand Into Indian Market
UK Business Leaders Meet in Edinburgh to Address Economic Risks From Biodiversity Loss
UK Parliament Prepares for Sir Keir Starmer’s Final Prime Minister’s Questions Before Leadership Transition
Green Party-Led Lewisham Council Moves Against Cooperation With Home Office Immigration Raids
UK Government Faces Parliamentary Pressure Over Capita Contracts in Shared Services Programme
UK Economy Expected to See Modest Growth as OECD Highlights Fiscal and Global Risks
Public Accounts Committee Warns UK Government’s Four Point Three Billion Pound Shared Services Plan Risks Failure
EU and UK Sign Agreement Removing Gibraltar Border Controls After Years of Post-Brexit Uncertainty
OECD Warns UK Must Maintain Fiscal Discipline as Andy Burnham Prepares to Become Prime Minister
UK-India Free Trade Agreement Enters Into Force as Businesses Seek New Growth Opportunities
Harvard Astrophysicist to Lead U.S. Scientific Advisory on Unidentified Aerial Phenomena
On the Island That Did Not Yield to Trump, There Is No Electricity, and 10 Million Live in Darkness
Emergency Sirens Activated Across Bahrain as Interior Ministry Issues Shelter Directives
Key Trends to Watch
United Nations Expert Calls for Full Implementation of Supreme Court Ruling on Legal Definition of Sex
Industry Coalition Urges Labour Lawmakers to Back Continued North Sea Oil and Gas Production
Parliamentary Committee Calls for Tougher Restrictions on Unhealthy Food Advertising
Government Expands Awaab's Law to Cover Heat and Additional Housing Hazards
Energy Regulator Opens Independent Investigation Into National Grid Operator
United Kingdom and European Union Sign Landmark Gibraltar Border Agreement
Chancellor Unveils Financial Services Reform and Artificial Intelligence Strategy at Mansion House
Counterterrorism Police Take Over Investigation Into Killing of Former Minister Ann Widdecombe
Beer Industry Warns UK Rules Could Limit Growth of Alcohol-Free Market
Home Office Faces Legal Challenges Over Asylum Seeker Accommodation Closures
UK Heatwaves Linked to More Than Two Thousand Seven Hundred Deaths as Climate Debate Intensifies
Home Secretary Faces Pressure Over Political Security After Ann Widdecombe Murder Investigation
United Kingdom Opens Trade Consultation With Indonesia, Philippines, United Arab Emirates and Uruguay
Robert Jenrick Joins Reform UK After Leaving Conservative Party Leadership Role
Counter-Terrorism Police Take Over Investigation into Murder of Former MP Ann Widdecombe
Andy Burnham Secures Strong Labour Backing in Race to Succeed Keir Starmer
Global Markets Slide as Middle East Conflict Escalation Sends Oil Prices Higher
UK Prime Minister Keir Starmer Offers Condolences Following Death of Qatar’s Father Amir
UK Regional Innovation Policy Focuses on Research Clusters Across Scotland, Wales, and Northern England
UK Corporate Transparency Rules Set to Become More Strict Under Modern Slavery Reform Plans
UK Civil Service Estate Strategy Shifts Government Activity Away From London
UK Strengthens National Security Powers Through New Threat Designations
Greater Manchester Police Conduct Drink and Drug Driving Operations After Football Events
UK Government Advances Darlington Economic Campus With Construction Milestone
UK Authorities Increase Football-Related Security Operations After Tournament Fixtures
UK Invests Fifty-One Million Pounds in National Cryogenics Facility and Regional Innovation Hubs
UK Moves Toward Tougher Modern Slavery Reporting Rules With Corporate Penalties
×