
McDonald’s lawsuit overview:
- Who: A Massachusetts mom has sued a Hanover McDonald’s franchise.
- Why: The plaintiff says the McDonald’s served french fries so hot they caused second-degree burns to her toddler.
- Where: The McDonald’s lawsuit was filed in a Massachusetts county court.
A McDonald’s franchise in Massachusetts served french fries so “unreasonably and dangerously hot” they caused a 3-year-old girl to suffer second-degree burns to her legs, a new lawsuit alleges.
Plaintiff Brandi Chambers filed the lawsuit against The Brewster Co. LLC and McDonald’s Corp. on Aug. 22 in a Plymouth County Superior Court, alleging breach of warranty and negligence.
According to the lawsuit, Chambers and her daughter went to a McDonald’s in Hanover, Massachusetts, on July 8, 2021, and ordered food in the drive-through, including McNuggets and a small order of fries.
Chambers says she passed the food to her daughter, M.C., in the back seat, and, seconds later, heard screaming. She stopped the car and saw the fries on her daughter’s lap, and that her thighs were red and burned, the lawsuit states.
Chambers says she then took her daughter to South Shore Medical Center, where they found she had suffered blistering first- and second-degree burns.
“As a direct and proximate cause of the unreasonably and dangerously hot French Fries, M.C. is now disfigured and scarred,” the lawsuit states. “M.C. is undergoing surgery due to the disfigurement and scarring.”
Franchise should have known fries were for a child, lawsuit states
Chambers alleges she called the restaurant after the incident but did not receive a call back.
The french fries that burned M.C. were “unreasonably and dangerously hot” and caused her to suffer the burns, the lawsuit states.
It was foreseeable that the fries were for a child, given that it was a small size, ordered with a four-piece McNuggets, ice cream and a shake, and that the girl could be seen in the car from the drive-through window, the lawsuit further alleges.
The complaint alleges McDonald’s and the franchise operator, The Brewster Co., were negligent in training and supervision of their employees, and that Brewster is also liable for damages for negligence, breach of warranty and violation of the state’s consumer protection law for serving unreasonably hot and dangerous french fries.
The plaintiff seeks compensation for M.C.’s injuries, pain and suffering, and medical expenses, plus costs and interest.
In July, a jury awarded an $800,000 verdict in a case where it found McDonald’s and franchisee Upchurch Foods liable for second-degree burns to a 4-year-old from Chicken McNuggets.
What do you think of the allegations in this McDonald’s lawsuit? Let us know in the comments.
The plaintiffs are represented by Robert Hartigan of Mazow McCullough PC.
The McDonald’s burn case is Chambers v. The Brewster Co. et al., Case No. 2383CV00644, in the Plymouth County Superior Court for the Commonwealth of Massachusetts.
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27 thoughts onMcDonald’s lawsuit claims hot fries burned child
This is a clear case of child abuse from the mother. I would not doubt that the mom tossed a cig out the window and it came back in on the child. Everyone ķnows McDees fries at most times are not hot and if they were the mother would have felt them in the thin paper they served in. Plus the nuggets would have been hotter then the fries.. as they are cooked to order unlike fries being constantly precooked and sitting in a bin..
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This is one of the stupidest things I’ve heard in a while.. It is not McDonald’s fault the mother is an unfit parent that caused her child to be burnt by not doing her job as a parent.
People could put text warning on container, “Caution hot. Allow items to cool to avoid burns.” No restaurant should ever be sued over customer getting burned by a meal. It makes me irritated because I want fresh hot food right off the grill. It will stay hot longer. Having a hot meal that stays hot to the end is something I want. Irritating to me is the fact that I like my food to be given to me extremely hot, and if people are scared about lawsuits, I would end up having to get luke warm meals and take it home and heat it. If things are not all super hot, most of it will be cold by the time I can finish eating it. And I don’t want to have to eat food fast to try to avoid having it get cold. Some things for kids or other sensitive people should be made more safely but they should know that and all the cases I have read about I would say is their own responsibility to avoid getting burnt. My mom used to put ice cubes in my Ramen soup before school. She served cream of wheat on a plate instead of in a bowl.