“Chicken McNuggets are designed to be eaten, not to be pressed against the thigh of a 4-year-old girl for two minutes"

[Tenacious E]

Now we get a label on all menus and cooked food that hot food can burn you.

Next time we order Dominos the box better say:

"FOR THE SOLE CONSIDERATION OF receiving the contents of this box which were baked in a 450-degree oven, the receipt and sufficiency of which is hereby acknowledged, the person(s) ordering this pizza (“Releasors”), do hereby release, acquit, and forever discharge Dominos, and all of its past and present officers, directors, employees, shareholders, subsidiaries, affiliates, principals, agents, owners, franchisees, successors, heirs, and assigns (all of whom are collectively referred to herein as the “Released Parties”), and all other related persons, firms, parties and corporations, from any and all liability whatsoever, including all claims, demands, and causes of action of every nature affecting Releasors, jointly or severally, known or unknown, including those caused by Released Parties' own negligence, which Releasors may have or ever claim to have against any or all of the Released Parties. Releasors do further agree to defend, indemnify, and to hold harmless each and all of the Released Parties who are or might be claimed to be liable, directly or by way of contribution and/or indemnity, from and against any and all claims, causes of action, judgments, suits and demands of every nature to which they or any of them might be subjected arising out of or in any way relating to damages or injuries claimed to have resulted from any of the contents of this box, including those caused by Released Parties' own negligence, any lawsuit, or events and/or claims made by Releasors in connection therewith."

 

[CaboKP]

Should bags of ice contain a warning label they can cause frostbite if held on the skin and not removed.

As long as the nuggets are cooked similar to the industry, it seems to be a stretch of a lawsuit.

 

[onlyTheObvious]

Now when your food is ready, you will have to wait an additional period of time before they hand it to you.

 

[tarheelbybirth]

The woman who sued over the coffee was totally justified.

She had literal GENITAL BURNS that required skin grafts.

It is sad that so many people hold her up as an example of a frivolous lawsuit, when in reality, she is a textbook example of holding companies accountable for irresponsible, harm-causing behavior.

What a lot of people get wrong about the infamous 1994 McDonald’s hot coffee lawsuit

Adam Ruins Everything explains that the case wasn’t about greed, but about a working-class woman forcing a big company to make its product safer.

www.vox.com

Yeah, McDs was screwed when their own quality assurance guy testified at trial that the coffee was “unfit for human consumption” as served.

 

[Chuck C]

I guess prepare for warning labels on fast food containers: Do not press hot food against flesh for 2 minutes, or assume that your autistic child is capable of eating on their own in the car. What happened to the reasonable person theory?

Jury returns split verdict after parents say girl was "disfigured" by hot McDonald's chicken nuggets

A 4-year-old girl was "disfigured and scarred" after hot chicken nuggets from McDonald's fell onto her leg, her family said. The girl's parents sued McDonald's and the franchisee.

www.cbsnews.com

A jury returned a split verdict on Thursday in a Florida lawsuit alleging hot McDonald's chicken nuggets left a 4-year-old girl "disfigured and scarred," lawyers for the victim's family said.

Franchisee UpChurch Foods was found negligent while McDonald's was not, court documents show. The jury found that both the franchisee and McDonald's failed to produce instructions for the food that would have prevented the girl's injury.

Fischer Redavid PLLC, the law firm representing parents Philana Holmes and Humberto Caraballo Estevez, called the jury decision a "tremendous victory for a deserving family."

"They stayed patient and fought hard with us for multiple years against a wealthy corporation: a jury unanimously ruled in favor of our client," the firm said in a post on Facebook.

The parents filed a lawsuit against UpChurch and McDonald's in September of 2019. In the complaint, they said mom Philana Holmes stopped at a Broward County area McDonald's on Aug. 21, 2019. Her then 4-year-old daughter along with her son were in the backseat as they went through the drive-thru.


Holmes got a six-piece chicken McNugget Happy Meal with milk and a "Lion King" toy for her daughter, according to court documents. She passed the meal to her daughter.

A piece of chicken fell on the girl's leg, the Sun Sentinel reported. After the girl screamed, Holmes pulled into a nearby parking lot to help; that's when she spotted the burn.

The suit alleged the "unreasonably and dangerously hot" nuggets caused the girl's skin and flesh around her thighs to burn. Lawyers said the restaurant should have known the nuggets "were not fit for human handling with bare skin by their intended customer."

After the verdict was read, UpChurch Foods said in a statement that the restaurant followed protocols when cooking and serving the Happy Meal.


"Our sympathies go out to this family for what occurred in this unfortunate incident, as we hold customer safety as one of our highest priorities. That's why our restaurant follows strict rules in accordance with food safety best practices when it comes to cooking and serving our menu items, including Chicken McNuggets," UpChurch Foods said in a statement. "We are deeply disappointed with today's verdict because the facts show that our restaurant in Tamarac, Florida did indeed follow those protocols when cooking and serving this Happy Meal. Our community here in South Florida should remain confident that we will continue serving safe and high-quality meals, just as we've done for more than 50 years at Upchurch Management restaurants."

McDonald's also disagreed with Thursday's verdict, the company said in a statement.

"Our customers should continue to rely on McDonald's to follow policies and procedures for serving Chicken McNuggets safely," McDonald's said.

Holmes is seeking at least $15,000 in damages, according to the lawsuit. A jury has not yet decided how much McDonald's and UpChurch Foods will be required to pay.

This is crazy;

The jury found that both the franchisee and McDonald's failed to produce instructions for the food that would have prevented the girl's injury.

What’s next, signing waivers when we order food?

 

[Hawkfan_08]

It's weird to me that a chicken nugget would be hot enough to cause 2nd degree burns like that.

The McDonald's coffee case showed that McDonald's coffee was far far hotter than coffee from other establishments at the time. But could the same thing be said of McDonald's chicken nuggets?

They absolutely can if they are fresh out of the grease fryer.

 

[alaskanseminole]

Apparently lost on the parents is the concept that fried food is fried in hot oil, and if you get freshly fried food, it will be near the same temperature of the frying oil. Do the complain when the get a freshly baked pizza which is hot after coming out of the oven?

Do you know how many times I've burned the roof of my mouth on pizza? I should be a gazillionaire by now!!!

 

[Hendy hawk]

Just shows how negligent parents and lawyers only looking to make money from a company have changed over the years.

 

[The Tradition]

The problem with jurors is they're stupid.

As for the yahoos claiming the coffee suit was justified, customers expect to receive hot coffee.

 

[Franisdaman]

Reminds me of the lady who sued Mickey D's over hot coffee. Personally, I think the parents should be charged with child abuse for feeding their child that garbage.

Parents blame McDonald’s McNuggets for Broward toddler’s severe burn​

Rafael Olmeda, South Florida Sun-Sentinel
Tue, May 9, 2023 at 4:35 PM CDT

The pained shrieks of a 4-year-old girl filled a Broward courtroom Tuesday, a vivid reminder that a family’s lawsuit against a fast-food giant over “dangerously hot” chicken nuggets is no laughing matter.

The screams were recorded in 2019, the day Philana Holmes bought her daughter a Chicken McNugget Happy Meal at a Tamarac McDonald’s drive-thru. No one is disputing that the second-degree burn on the girl’s skin was caused by the chicken. The dispute in court is over who is to blame.

Holmes and the child’s father, Humberto Caraballo Estevez, sued McDonald’s for negligence and improper training, accusing McDonald’s and the franchise operator, Upchurch Foods, of failing to protect the safety of its customers.
In opening statements Tuesday, attorneys for the plaintiffs said the franchise should have known it was passing a dangerous product through the drive-thru window and that McDonald’s corporate headquarters was to blame for failing to set safer standards.

Defense lawyer Scott Yount said the business was not to blame. “Chicken McNuggets are designed to be eaten, not to be pressed against the thigh of a 4-year-old girl for two minutes,” Yount said.

That, evidently, is how long the nugget was wedged between the victim’s thigh and her seat belt, causing second-degree burns and scars that plague the victim to this day.

McDonald’s issued a statement about the case late Monday: “We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” it said. “This matter was looked into thoroughly. Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve. Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.”

The first witness was Ralph Fernandez, the liaison between the franchise operator, Upchurch, and McDonald’s USA. Fernandez testified that the chicken is cooked to a temperature of 160 degrees and maintained at that temperature until served. But that temperature is intended to insure the product is fully cooked, he said.

“Is it hot enough to cause burns?” plaintiff’s lawyer John Fischer asked.
“That is not the intent,” Fernandez responded.
The trial before Broward Circuit Judge David Haimes is expected to be brief, and it is focusing only on whether McDonald’s is liable for the young girl’s injuries. If the plaintiffs win, a second trial will determine damages.

The lawsuit should have been thrown out.

The mother knew the food was hot. And what did she do? She CARELESSLY passed that hot food to her 4 year old AUTISTIC child who was in the back seat.

Is anyone surprised that one of her first thoughts would be to sue McDonalds and not take accountability for her own actions?

The state should have charged her instead with child endangerment. She's the one who caused those burns.

 

[The Tradition]

The lawsuit should have been thrown out.

The mother knew the food was hot. And what did she do? She CARELESSLY passed that hot food to her 4 year old AUTISTIC child who was in the back seat.

Is anyone surprised that one of her first thoughts would be to sue McDonalds and not take accountability for her own actions?

The state should have charged her instead with child endangerment. She's the one who caused those burns.

Instead, everyone in the world will now receive lukewarm nuggets.

Thanks, lady.

 

[Jimmy McGill]

As for the yahoos claiming the coffee suit was justified, customers expect to receive hot coffee.

 

[alaskanseminole]

View embedded media

Why did they use footage from the 70s/80s for a case that happened in 1992. Those cars! LOL

 

[Jimmy McGill]

Why did they use footage from the 70s/80s for a case that happened in 1992. Those cars! LOL

I'll try to find my paper, but I remember her grandson was driving a POS car. Stella would have settled if they just paid the medical bills. McDonalds being a greedy shallow company refused and got bit

 

[The Tradition]

I'll try to find my paper, but I remember her grandson was driving a POS car. Stella would have settled if they just paid the medical bills. McDonalds being a greedy shallow company refused and got bit

This is why billboard lawyers proliferate like weeds. It's smarter to try to get a reasonable settlement than to go to a jury trial. So, they get paid and very few go to trial resulting in a loss for the billboard law team.

 

[mnole03]

I somewhat understand the jury’s verdict, especially if they believed the P’s expert on temperature.

That said, the judgmental parent in me wants to know why she gave food to an unmonitored child who was incapable of getting out of her seat. What was the plan if she choked?

 

[Jimmy McGill]

This is why billboard lawyers proliferate like weeds. It's smarter to try to get a reasonable settlement than to go to a jury trial. So, they get paid and very few go to trial resulting in a loss for the billboard law team.

Billboard lawyers must be a thing of the South. You just don't see that very often up here. But that also says a lot about the South

 

[Jimmy McGill]

 

[Tenacious E]

I somewhat understand the jury’s verdict, especially if they believed the P’s expert on temperature.

That said, the judgmental parent in me wants to know why she gave food to an unmonitored child who was incapable of getting out of her seat. What was the plan if she choked?

I don’t. There is a stark contrast between temps you keep coffee and temps required to fry food. Fried food out of the fryer is hot. The parents were dipshits.

 

[mnole03]

I don’t. There is a stark contrast between temps you keep coffee and temps required to fry food. Fried food out of the fryer is hot. The parents were dipshits.

If the McDonald’s ignored their safety protocol on cook temperature and how long they let them rest, it’s not a huge leap for a jury.

 

[Hendy hawk]

Billboard lawyers must be a thing of the South. You just don't see that very often up here. But that also says a lot about the South

Lots of them along interstate in Wisconsin. Adds all over Hulu streaming

 

[jberesford]

This stuff really pisses me off. The special lady friend shattered her ankle slipping on ice a few years ago. It did drastically affect our lives for several months, and she does have pretty regular pain in that ankle and will forever. The owner of the property has since drastically changed how they do the actual snow removal and altered all of the downspouts that led to the hazardous refreezing conditions from daytime melting in the first place. She barely got enough to cover her bills and attorneys fees.

Meanwhile this stupid shit makes headlines and will garner a huge settlement to just make it go away. Literally nothing will be different because this isn't McDonalds fault AT ALL. But the lady friend got chump change even though the property owner took great steps to mitigate the direct cause of her fall due to the lawsuit getting filed.

And for the record, we weren't looking for a payday. It only started because the insurance carrier for the property offered an amount so insignificant it didn't even cover deductibles. And the case was taken by a pretty premier Chicago law firm based on the facts surrounding it, these weren't bus bench lawyers.

 

[Tenacious E]

If the McDonald’s ignored their safety protocol on cook temperature and how long they let them rest, it’s not a huge leap for a jury.

I worked McDonald’s grill when I was in high school. At that time, there was no resting protocol. You dropped the shit in a fryer and pulled it when the timer went off. I always thought of the people getting the fresh nuggets as lucky. I would think that that is how most restaurants operate, but maybe I am out of touch. In any event, I get the coffee case but fried food is hot when fried, and I believe the parents are 100% at fault.

 

[Jimmy McGill]

Lots of them along interstate in Wisconsin. Adds all over Hulu streaming

Not respectable attorneys to IMHO. I'm sure they can justify it in revenue, but there is a lot of work to be done in rural Iowa, and no attorneys are replacing the retired ones.

I always went by the rule of thumb, can your attorney look you in the eye at the grocery store. If not, you might be a number. I can't tell you how many times I've told folks not to go to DSM attorneys, because their rates are higher and the competence is not.

 

[Tenacious E]

I can't tell you how many times I've told folks not to go to DSM attorneys, because their rates are higher and the competence is not.

Depends on the subject matter and attorney. You could have done those people a disservice. But maybe not. Seems like poor advice to give as a matter of course.

 

[The Tradition]

Now that I think about it... why didn't she sue the maker of the car seat that trapped a hot nugget against her child's thigh? It's obviously defective.

 

[Jimmy McGill]

Depends on the subject matter and attorney. You could have done those people a disservice. But maybe not. Seems like poor advice to give as a matter of course.

I am not blanketing all DSM attorneys, but the family and criminal law ones cost a lot more to come to rural county than a polished attorney in that area.

You have to be a large firm to take on PI cases because of the upfront costs.

But HawkeyeDivorce.com and male rights attorneys down in DSM make more than they are worth IMHO

 

[Jimmy McGill]

Let me put it to you this way, I whipped a DSM attorney charging 3 x my hourly rate. He didn't know his facts or pleadings

 

[Jimmy McGill]

....but he didn't have to look his client in the eye at the local grocery store...

 

[NoleinATL]

Billboard lawyers must be a thing of the South. You just don't see that very often up here. But that also says a lot about the South

They are HUGE in the South. There is a guy based in Alabama, Alex Shunnarah, that has something like 2500 from Florida through Mississippi = There are also nonstop PI commercials, heavily advertised services.

 

[Jimmy McGill]

They are HUGE in the South. There is a guy based in Alabama, Alex Shunnarah, that has something like 2500 from Florida through Mississippi = There are also nonstop PI commercials, heavily advertised services.

Sounds like a good/trustworthy attorney client relationship. You are a number at the DOT

 

[Bishop1971]

Reminds me of the lady who sued Mickey D's over hot coffee. Personally, I think the parents should be charged with child abuse for feeding their child that garbage.

Parents blame McDonald’s McNuggets for Broward toddler’s severe burn​

Rafael Olmeda, South Florida Sun-Sentinel
Tue, May 9, 2023 at 4:35 PM CDT

The pained shrieks of a 4-year-old girl filled a Broward courtroom Tuesday, a vivid reminder that a family’s lawsuit against a fast-food giant over “dangerously hot” chicken nuggets is no laughing matter.

The screams were recorded in 2019, the day Philana Holmes bought her daughter a Chicken McNugget Happy Meal at a Tamarac McDonald’s drive-thru. No one is disputing that the second-degree burn on the girl’s skin was caused by the chicken. The dispute in court is over who is to blame.

Holmes and the child’s father, Humberto Caraballo Estevez, sued McDonald’s for negligence and improper training, accusing McDonald’s and the franchise operator, Upchurch Foods, of failing to protect the safety of its customers.
In opening statements Tuesday, attorneys for the plaintiffs said the franchise should have known it was passing a dangerous product through the drive-thru window and that McDonald’s corporate headquarters was to blame for failing to set safer standards.

Defense lawyer Scott Yount said the business was not to blame. “Chicken McNuggets are designed to be eaten, not to be pressed against the thigh of a 4-year-old girl for two minutes,” Yount said.

That, evidently, is how long the nugget was wedged between the victim’s thigh and her seat belt, causing second-degree burns and scars that plague the victim to this day.

McDonald’s issued a statement about the case late Monday: “We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests,” it said. “This matter was looked into thoroughly. Ensuring a high standard for food safety and quality means following strict policies and procedures for each product we cook and serve. Those policies and procedures were followed in this case and we therefore respectfully disagree with the plaintiff’s claims.”

The first witness was Ralph Fernandez, the liaison between the franchise operator, Upchurch, and McDonald’s USA. Fernandez testified that the chicken is cooked to a temperature of 160 degrees and maintained at that temperature until served. But that temperature is intended to insure the product is fully cooked, he said.

“Is it hot enough to cause burns?” plaintiff’s lawyer John Fischer asked.
“That is not the intent,” Fernandez responded.
The trial before Broward Circuit Judge David Haimes is expected to be brief, and it is focusing only on whether McDonald’s is liable for the young girl’s injuries. If the plaintiffs win, a second trial will determine damages.

My brother was a physical therapist before he started being an athletic trainer. He had to remove dead skin each day from the scrotum of a guy who spilled McDonald's coffee on his crotch in the car. That guy definitely had a case as far as I'm concerned although I'm careful not to spill extremely hot beverages on my crotch.

 

[Bishop1971]

The problem with jurors is they're stupid.

As for the yahoos claiming the coffee suit was justified, customers expect to receive hot coffee.

Read my post about the removal of dead, burnt skin from a scrotum. My brother should have sued for having to remove said scrotum skin.

 

[Jimmy McGill]

150 is hot 160 is hot 170 is hot, 190+ (there were temps higher at some locations) is f*cking stupid.

 

[Tenacious E]

150 is hot 160 is hot 170 is hot, 190+ (there were temps higher at some locations) is f*cking stupid.

How hot was the last pizza you had delivered? If it was from a chain with a thermal transport container it was at least 200, probably 250ish, maybe 300, when they handed you the box. What’s the difference between pizza and nuggets?

 

[Jimmy McGill]

I'm staying out the nuggets debate. I'm talking about the Coffee.

 

[The Tradition]

I'm staying out the nuggets debate. I'm talking about the Coffee.

I don't want lukewarm coffee, either.

 

[Tenacious E]

I'm staying out the nuggets debate. I'm talking about the Coffee.

When you don’t quote as part of your response it’s ambiguous as to what you are referring. Agree on coffee temps.

 

[The Tradition]

When you don’t quote as part of your response it’s ambiguous as to what you are referring. Agree on coffee temps.

I don't agree on coffee temps.

If I'm buying a 20 ounce cup of coffee, I'm hoping it'll be hot for awhile. That can't happen if it's not hot to start with....

 

[Jimmy McGill]

I don't want lukewarm coffee, either.

A 160 degrees is lukewarm?