A woman in New York is suing McDonald’s because she was served extremely hot fries that were “unreasonably and dangerously hot.” She has now filed an official civil complaint against the company, claiming she was served food that was “not safe for human consumption.”
According to court documents, Catherine Luongo went into a McDonald’s located at 18 East 42nd Street in New York City on March 5. Luongo’s attorney now alleges that the restaurant’s fries caused her physical trauma and that it was “due solely… [to] the carelessness, recklessness and negligence” of the company.
The complaint contends that Luongo should have been given ample warning of the dangers she could encounter from handling the packaging of these fries. The complaint then went on to clarify that this was due to the “negligence of the defendants.”
She says her health issues may be permanent
In addition, Luongo says that her mouth and tongue experienced a “severe shock” when she eventually consumed these fries, which were allegedly unfit for human consumption. According to the lawsuit, Luongo “was confined to bed and home and caused to abstain from usual duties and activities.”
They believe they have a strong case against the large restaurant chain because she sought medical aid and claims to have proof that the restaurant caused her health issues, which may be permanent. However, the complaint itself doesn’t delve deeply into the specifics of those health issues.
The Independent reports that there is a history of individuals suing the chain, with varying results. The case that most resembles Luongo’s was a 2013 case in which a mother from Massachusetts sued the chain after it served her 3-year-old “unreasonably and dangerously hot” fries, causing her to suffer first- and second-degree burns.
The lawsuit reportedly read, “As a direct and proximate cause of the unreasonably and dangerously hot French Fries, M.C. is now disfigured and scarred. M.C. is undergoing surgery due to the disfigurement and scarring.” The parties ultimately settled for an unspecified amount.
There was also another case in Florida that same year in which a woman sued and was awarded $800,000 because her 4-year-old suffered second-degree burns from a Chicken McNugget that was also described as “dangerously hot.” The McNugget fell from its packaging and became stuck between the child’s leg and seat belt. The woman recorded her child crying in pain on her phone, and the recording was played in court.
These cases are often controversial
At the time, those string of cases caused great controversy among observers on social media. While it is always someone’s right to pursue a case in court when they feel a retailer wronged them by selling dangerous products, the debate over personal responsibility will always follow. Courts examine these cases individually and assess each party’s responsibility, so you can never truly know how a case will turn out based solely on the accusations.
The case that is most often pointed to is the infamous lawsuit involving 79-year-old Stella Liebeck, who was once the subject of public mockery for allegedly bringing a “frivolous” case against the chain after spilling coffee on herself. The case ended up having merit, and she was awarded $200,000 in compensatory damages and an additional $2.7 million in punitive damages.
