FORT LAUDERDALE, Fla. — McDonald's and a franchise holder are at fault after a hot Chicken McNugget from a Happy Meal fell on a little girl's leg and caused second-degree burns, a jury in South Florida found in a case reminiscent of the famous hot coffee lawsuit of the 1990s.
A second jury will determine how much McDonald's USA and its franchise owner, Upchurch Foods, will pay the child and her mother, the South Florida SunSentinel reported.
Thursday's decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald's USA liable for failing to provide instructions for safe handling of the food. McDonald's USA was not found to be negligent, and the jury dismissed the argument that the product was defective.
Philana Holmes and her daughter Olivia Caraballo, 7 listen to the final witness in their case at the Broward County Courthouse in Fort Lauderdale on Wednesday May 10, 2023.
Mike Stocker/South Florida Sun-Sentinel via AP "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," McDonald's owner-operator Brent Upchurch 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."
Jurors heard two days of testimony and arguments about the 2019 episode that left the 4-year-old girl with a burned upper thigh.
Philana Holmes testified that she bought Happy Meals for her son and then-4-year-old daughter at a drive-thru window at a McDonald's in Tamarac, near Fort Lauderdale, the SunSentinel reported. She handed the food to her children, who were in the back seat.
After she drove away, her daughter started screaming. The mother testified she didn't know what was wrong until she pulled over to help the girl, Olivia Caraballo, who is now 7, the newspaper reported. She saw the burn on the girl's leg and took photos on her iPhone, which included audio clips of the child's screams.
The sound of the girl's screams were played in court. The child, who is autistic, did not testify, the newspaper reported.
Lawyers for McDonald's noted that the food had to be hot to avoid salmonella poisoning, and that the nuggets were not meant to be pressed between a seat belt and human flesh for more than two minutes.
The girl's parents sued, saying that McDonald's and the franchise owner failed to adequately train employees, failed to warn customers about the "dangerous" temperature of the food, and for cooking the food to a much higher temperature than necessary.
While both sides agreed the nugget caused the burns, the family's lawyers argued the temperature was above 200 degrees (93 Celsius), while the defense said it was no more than 160 degrees (71 Celsius).
The case is likely to stoke memories of the McDonald's coffee lawsuit of the 1990s, which became an urban legend of sorts about seemingly frivolous lawsuits, even though a jury and judge had found it anything but.
A New Mexico jury awarded Stella Liebeck, 81, $2.7 million in punitive damages after she was scalded in 1992 by hot coffee from McDonald's that spilled onto her lap, burning her legs, groin and buttocks, as she tried to steady the cup with her legs while prying the lid off to add cream outside a drive-thru.
She suffered third-degree burns and spent more than a week in the hospital.
She had initially asked McDonald's for $20,000 to cover hospital expenses, but the company went to trial. A judge later reduced the $2.7 million award to $480,000, which he said was appropriate for the "willful, wanton, reckless" and "callous" behavior by McDonald's.
Every major fast-food chain, ranked by customer satisfaction
Intro
Many fast-food chains have particularly loyal bases of customers. Someone who loves Burger King may not love McDonald's, despite the two chains having similar menus. Why? One reason is taste. Many fast-food chains have specific spice blends, sauces, and recipes they and their fans claim differentiate their products from competitors.
In addition to food quality, customer service can be a major factor in determining consumer opinion of a fast-food chain. Chains that prioritize friendly and efficient service, such as Chick-fil-A and Starbucks, have built a loyal customer base who appreciate the experience they provide, and they come back again and again.
Adam Chandler, author of "Drive-Thru Dreams: A Journey Through the Heart of America's Fast-Food Kingdom," argues that people see fast-food restaurants as a reflection of American ideology: open for everyone. Chandler also notes that fast-food chains are frequently demonized and have become proxy battlegrounds for many political issues, such as health and fair labor practices.
No matter how Americans feel about fast food, the industry generates a lot of cash. Per a Stacker analysis of QSR data, seven of the 23 chains on this list surpassed $10 billion in sales in the United States for 2021. The 23 chains combined for $213.07 billion in sales during 2021, an average of $9.26 billion per chain. Only one fast-food chain improved its customer satisfaction score from 2021 to 2022. All the other 22 chains on this list either stayed the same or decreased. Stacker ranked 23 major fast-food brands based on their 2022 customer satisfaction score, as calculated by the American Customer Satisfaction Index. Click through for a look at how these 23 brands fared and what makes each unique.
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Canva #23. McDonald's
- 2022 customer satisfaction score: 68
- Change from 2021: -2
McDonald's is the largest restaurant chain in the world by revenue, with over 37,000 stores in over 100 countries. Although the menu has expanded in the decades since it was founded, consumers still gravitate toward its core offerings of hamburgers and french fries.
Canva #22. Popeyes
- 2022 customer satisfaction score: 71
- Change from 2021: -2
Popeyes thrived during the COVID-19 pandemic. What's more, it's growing. The chain boasted 2,754 U.S. locations and 3,705 international locations in the fiscal year 2021, the highest number of openings since Restaurant Brands International bought the chain in 2017. The secret to the franchise's success? Its fried chicken recipe, known for its signature crispiness.
NYC Russ // Shutterstock #20. Jack in the Box (tied)
- 2022 customer satisfaction score: 72
- Change from 2021: -1
Jack in the Box is a fast-food chain founded in 1951 in San Diego. The chain is well-known for its hamburgers, fries, and soft drinks. One of the most polarizing options on the menu is the brand's tacos, which some love and some hate but are always the subject of hearty debate.
Birch Photographer // Shutterstock #20. Taco Bell (tied)
- 2022 customer satisfaction score: 72
- Change from 2021: -2
Taco Bell founder Glen Bell discovered hard-shell tacos from the sit-down restaurant across the street, Mitla Cafe, in San Bernardino, California. Rather than laboriously making each taco by hand, Bell found a way to assemble it quickly. He started selling them out of a stand in December 1951—and thus began Taco Bell. In the years since, the chain has gotten creative with its menu, historically offering Kit Kat quesadillas, Cheetos burritos, and an Airheads slushie.
JJava Designs // Shutterstock #19. Wendy's
- 2022 customer satisfaction score: 73
- Change from 2021: 0
Wendy's founder Dave Thomas named the fast-food chain after his daughter, Melinda Lou "Wendy" Thomas. Although plenty of fast-food staples are on the menu, health-conscious consumers may have more reason to go to Wendy's, as it was the first fast-food company to pioneer a salad bar.
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Ken Wolter // Shutterstock #16. Sonic (tied)
- 2022 customer satisfaction score: 74
- Change from 2021: 1
Soon after its founding in the 1950s, Sonic began experimenting with intercom ordering systems, which allowed customers to place their orders without leaving their cars. Today, Sonic is known for its drive-in concept, with carhops delivering food to customers' cars. The company has over 3,500 locations across the United States, and it is known for its extensive drink menu, which includes slushies, milkshakes, and other frozen treats.
James R. Martin // Shutterstock #16. Dairy Queen (tied)
- 2022 customer satisfaction score: 74
- Change from 2021: 0
Dairy Queen was founded in 1940 in Joliet, Illinois, by a man named Sherb Noble. The very first Dairy Queen location served soft-serve ice cream, a new concept at the time. Nine years later, milkshakes and malts were put on the menu, which keeps people coming back today.
Ken Wolter // Shutterstock