Products Liability Law Reporter

Doe, 4, went with her parents to a franchised McDonald’s restaurant drive-thru in Tamarac, Fla. Shortly after Doe’s parents handed her a six-piece Chicken McNuggets Happy Meal, she began to scream. A chicken nugget had fallen out of the packaging and become lodged between Doe’s leg and the car seat. The hot nugget caused second-degree burns on Doe’s leg, necessitating care at a hospital ER.

Doe’s parents, on her behalf, sued franchisee Upchurch Foods, Inc., alleging negligence and failure to warn. The plaintiffs asserted that the Chicken McNuggets were unreasonably hot and clearly unsafe—especially for children, the group to whom the Happy Meal product was marketed. Suit did not claim past medical expenses.

The jury found the defendant liable in a bifurcated trial. A second trial on damages reportedly will take place later this year.

Citation: Holmes v. Upchurch Foods, Inc., No. CACE19019340 (Fla. Cir. Ct. Broward Cnty. May 11, 2023).

Plaintiff counsel: Jordan Redavid and John Fischer, both of Hollywood, Fla.