THE FAMILY of a 4-year-old girl has sued McDonald's after they claimed a popular menu item left her scarred.
Humberto Caraballo Estevez and Philana Holmes have taken legal action against the fast food giant.
The couple alleged their daughter was severely burned by a chicken nugget.
After "years of back-and-forth," McDonald's did not agree to settle and the case is now moving to court, according to the law firm representing the family.
The Flordia-based family went to a McDonald's drive-thru in August 2019.
McDonald's is making a major change to menus with a spicy addition this week
Holmes then ordered a six-piece Chicken McNuggets Happy Meal for her daughter.
The mom testified in a pre-trial deposition that her daughter had dropped one of the nuggets onto her lap, which then got lodged between her thigh and seatbelt.
Holmes pulled the car over and went to inspect her child's leg, according to a statement released by the law firm Fischer Redavid.
"Even with her quick reaction time, the extremely hot chicken nugget was able to inflict a severe burn on her child’s leg," the statement read.
"After a closer inspection revealed that the burn was welting and turning deep red, she took her daughter to the emergency room," the statement continues.
“The Chicken McNuggets inside of that Happy Meal were unreasonably and dangerously hot, and caused (the victim)’s skin and flesh around her thighs to burn,” the family's attorney Jordan Redavid said in court.
The claims being brought against McDonald's are that the defendants were negligent, sold defective products, breached implied warranties of fitness, and failed to warn of the danger.
Redavod said during court proceedings that "the reasonable, foreseeable, intended use is for a child to handle this box.”
"The law implies a promise from a corporation, in this case, a child, that when they use it as intended, they’ll be safe. It wasn’t," he continued.
The lawyer representing McDonald's, Scott Yount, disagreed with the plaintiff's claims in court.
Inside the 'world's best' McDonald's - where it tastes even better than normal
The defense said that their food has to be hot to comply with food safety standards.
They also said that what happens with their food once it has left their premise is beyond their control.
McDonald's USA responded to The U.S. Sun's request for comment.
They said: "We take every complaint seriously and certainly those that involve the safety of our food and the experiences of our guests.
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.
Together with our franchisees, we have made food safety a top priority for nearly 70 years, ensuring that our customers can rely on McDonald’s for safe and quality food.”
