Parents Suing McDonald’s After 4-Year-Old Is Burned By ‘Dangerously Hot’ McNuggets

The dangers of fast food and the effect it can have on our bodies have been well-documented; however, for one Florida family, things took a scary turn after a visit to McDonald’s in late 2019.

Philana Holmes and Humberto Caraballo Estevez appeared in court earlier this week on behalf of their 4-year-old daughter, Olivia, who they say suffered second-degree burns after a “dangerously hot” Chicken McNugget fell onto her lap, according to The New York Post. The family’s lawyer played audio of the young child’s cries, explaining that what should have been a normal trip to a family-friendly restaurant turned into a nightmare.

“The reasonable, foreseeable, intended use is for a child to handle this box. The law implies a promise from a corporation to, in this case, a child,” Jordan Redavid said while holding a Happy Meal box, according to Mail Online. “And if its preventable, it’s warnable, you should warn someone about it, and if you don’t do that then you’re liable.”

Holmes said she ordered the McDonald’s meal from a drive-thru location in Tamarac, FL. Next, she handed it to her child in the backseat, before hearing Olivia scream out in pain.

According to The New York Post, the hot Chicken McNugget sat there for two minutes, leaving the 4-year-old “disfigured and scarred” because it was so hot. The family’s lawyer claimed that the nugget was served at 200 degrees Fahrenheit – 40 degrees over it’s normal 160-degree temperature – and that the franchise had a responsibility to communicate that such a dangerous product was passing through the drive-thru window, according to The Sun Sentinel.

McDonald’s disagrees with Holmes and Estevez’s claims, insisting that employees followed the documented policies and procedures in this situation. “We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” the company said in a statement issued to The Sentinel.

The family is seeking $15,000 in damages from McDonald’s and its franchise, Upchurch Foods, for both negligence and poor training.