8-year-old Olivia Caraballo, who suffered second-degree burns from a fast food chain’s chicken nugget four years ago, was awarded $800,000 in damages by the Florida jury, according to a report by a local news site.
In 2019, then-4-year-old Olivia and her mother went to the fast food chain’s branch drive-through in Tamarac, Florida, and ordered a 6-piece nuggets meal. After they pulled out from the drive-through, the meal which was handed directly to Olivia by the employee was already on her lap, burning her skin.
The family sued the fast food chain’s corporation and the franchisee claiming that the fast food restaurant served them “unreasonably and dangerously hot” nuggets in her kid’s meal.
In the lawsuit, they also stated that the fast food chain and franchise owners failed to warn their customers about the dangers of the hot food they’ll be serving, and failed to properly train their employees on how to cook the food, resulting in the employees using a higher degree than necessary to cook the food.
In the defense of the food chain, their lawyer argued that the nuggets need to be cooked at more than 160 degrees to avoid salmonella poisoning, and it was not meant to be pressed against human skin for more than two minutes – but argued that the nuggets wouldn’t reach 200 degrees as the lawsuit claimed.
However, earlier this May, the Florida jury found Upchurch Foods, Inc. liable for their negligence and failure to warn customers of the risks associated with hot food and the fast food chain liable for failing to provide instructions on the safe handling of its foods.
Moreover, the fast food chain was not held responsible for the burning incident.
Earlier this July, the jury deliberated to award the family $800,000 for the child’s pain and suffering, which is significantly much lower than their demand of $15 million in the lawsuit.
“I’m actually just happy they listened to Olivia’s voice and she, the jury was able to decide a fair judgment, I’m happy with that,” Olivia’s mother said.
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