London Daily

Focus on the big picture.
Saturday, Sep 26, 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
Royal Navy Diving Squadron Honoured for Global Bomb Disposal Efforts
UK State Pension Set to Approach £13,000 Per Year Under Triple-Lock
Rolls-Royce Wins Multi-Million-Pound Engine Contract with Philippine Airlines
TfL Questions Future of Heathrow Express Amid Proposed £33 Billion Expansion
Ed Miliband Warns Iran Against Hostile Operations on British Soil
S&P Global Manufacturing Index Signals Stabilization Amid Rising Fuel Costs
Prime Minister Andy Burnham Launches National Centre for Information Defence
UK Food and Drink Trade Deficit Surges to £21.1 Billion
OECD Upgrades United Kingdom Economic Growth Forecast to 1.1 Percent
Bank of England Faces Policy Challenges as Energy Prices Push Inflation Projections Higher
IMF Urges UK and Major Economies to Reduce Public Borrowing and Debt
UK Government Concedes Chagos Islands Sovereignty Deal is Dead Following Trump Opposition
Prosecutors Seek More Than 10 Years in Prison for Former DUP Leader Jeffrey Donaldson
UK Provided £66 Million in Emergency Security Funding for Mosques After Southport Disorder
Manston Inquiry Examines Role of Government Decisions in 2022 Overcrowding Crisis
Justice System Capacity Pressures Raise Concerns Over Release of Sex Offenders
UK Food and Drink Trade Deficit Widens to Record £21.1 Billion
UK Releases Climate Security Findings Previously Withheld Under Starmer
TalkTalk Races to Sell Consumer and Broadband Businesses as Administration Threat Looms
NHS Bodies Impose Minimum Two-Year Waits for ADHD and Autism Assessments
Andy Burnham Pledges £210 Million to Revive Boarded-Up High Streets
UK Borrowing Reaches £18.3 Billion in August Ahead of Autumn Budget
Vistry Cuts Profit Outlook as Losses Deepen and Private Home Sales Weaken
Reported Assaults on Great Britain’s Railways Rise Sharply
Far-Right Activist Daniel Thomas Arrested After Channel Dinghy Slashing
Ukrainians in Britain Face Greater Homelessness Risk as Host Payments Are Cut
Scottish Drug Deaths Rise as Synthetic Opioids Spread
UK Diesel Prices Approach Record High as Energy Costs Intensify
UK Food and Drink Trade Deficit Widens to Record £21 Billion
Britain’s Largest Planned AI Supercomputer Delayed by Power Grid Constraints
NHS Boards Impose Minimum Waits of Up to Two Years for ADHD and Autism Assessments
Police Arrest Far-Right Activist After Migrant Dinghy Slashed in English Channel
Synthetic Opioids Drive Renewed Rise in Scotland’s Drug Deaths
Reported Assaults on Britain’s Railways Rise 20% in a Year
Vistry Cuts Profit Forecast as Losses Weigh on UK Housebuilder
TikTok Drops Appeal and Accepts £12.7 Million UK Data Protection Fine
Russell Group Urges UK Government to Drop Proposed International Student Levy
Legal & General Plans to Cut 1,000 Jobs by Mid-2027
UK Health Bill Would Remove Independent Governors From NHS Foundation Trusts
BMA Raises Patient Safety Concerns Over Advanced Practitioners Filling Doctor Rotas
UK’s Largest AI Supercomputer Delayed by Power Supply Constraints
NHS Orders Security Cameras in Neonatal Units Following Thirlwall Inquiry
Post-Brexit Trade Barriers Cost UK Economy Up to £6.5 Billion a Year, Analysis Says
UK Parliament Launches Inquiry Into Bank of England Monetary Policy Independence
Global Bond Selloff and Higher Oil Prices Narrow UK Budget Options
UK Prime Minister Andy Burnham Addresses UN and Holds First Meeting With Donald Trump
Royal Navy Commandos Complete Maritime Operations Training With US Navy SEALs
Vistry Profit Warning Adds to Concerns Over UK Housebuilding Conditions
UK Commits £343 Million to Major Expansion of Community Mental Health Services
Five Eyes Partners Back UK-Led Campaign Against Global Fraud Networks
×