:max_bytes(150000):strip_icc():focal(999x0:1001x2)/florida-family-awarded-800K-toddler-burnt-by-nuggets-072023-2-7597f1962714406dacc1e1f41c65fa4a.jpg "Florida family awarded McDonald's $800,000 after toddler was burned by chicken nuggets (1)")
A Florida family has won a civil lawsuit against McDonald's and one of its franchisees after their toddler suffered burns from hot chicken nuggets.
A Broward County jury awarded the family $800,000 in damages on Wednesday in Fort LauderdaleCNN. The jury found that the fast-food chain and franchise owner provided no warnings or instructions on how to avoid injury from the hot McNuggets they ordered at a drive-thru in Tamarac, Florida.
The hot Chicken McNugget fell on the toddler's leg in 2019 as her mother drove away from McDonald's,South Florida SunSentinelthe report.
:max_bytes(150000):strip_icc():focal(999x0:1001x2)/florida-family-awarded-800K-toddler-burnt-by-nuggets-072023-1-cd995de461f344afa55da8999072e469.jpg "Florida family awarded McDonald's $800,000 after toddler was burned by chicken nuggets (2)")
Lawyers for the family of Olivia Caraballo - who is 8 but then 4 - sought $15 million in damages, according toCBS News. According to the newspaper, it took the jury less than two hours to reach a verdict. They awarded McDonald's USA and Upchurch Foods, the franchisee, $400,000 in damages for the past four years and another $400,000 for the future.
"I'm actually just glad that they listened to Olivia's voice and that the jury came to a fair verdict," Olivia's mother, Philana Holmes, told reporters outside the courtroom, according to CBS News. "I'm happy with that. I honestly had no expectations, so this is more than fair for me."
On Tuesday, Holmes testified that Olivia calls the scar her "bump" and is obsessed with removing it, the outlet reported.
Lawyers for McDonald's said the child was no longer in pain after the wound healed, which happened in about three weeks, CBS News reports. They argued that the girl's mother was more concerned about the scar itself and suggested to jurors that $156,000 was appropriate to cover past and future damages.
"She still goes to McDonald's, she still asks to go to McDonald's, she still goes through the drive-thru with her mother and gets chicken nuggets," attorney Jennifer Miller told CBS News in her closing argument Wednesday. "The injury isn't bothering her. It's all mom."
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Another jury ruled in May that the damage was caused by the company and the franchisee,WPLGthe report.
“The Chicken McNuggets in that Happy Meal were unreasonably and dangerously hot… and caused the victim's skin and flesh around her thighs to burn,” the lawsuit said, adding that the food was “unfit for human use – late stand consumption” due to the temperature, per socket.
“Today, a jury of wise and thoughtful members of our community returned a verdict that reflected the truth, the facts and the law,” said a statement from law firm Fischer Redavid, according to WPLG. "We do not consider this a 'split verdict'. Two defendants went to trial and denied liability. A jury found both liable."
The company added: “This is full justice for Olivia.”
A McDonald's representative did not immediately respond to PEOPLE's request for comment.
The new case is reminiscent of the infamous 1994 Liebeck v. McDonald's, colloquially known as "the hot coffee case." A 79-year-old woman who spilled McDonald's coffee on her legs and suffered third-degree burns from the high temperature of the liquid reportedly received $600,000 as a result of the lawsuit.
