Several years ago, McDonald’s settled a product liability lawsuit with a 79-year-old woman due to burn injuries caused by scalding hot coffee. Now they face a second defective product suit associated with burn injuries. However, this time a chicken sandwich was the culprit.
Frank Sutton was eating a fried chicken sandwich in a local Virginia McDonald’s chain. When he bit into the sandwich, grease exploded all over his mouth, resulting in severe blistering and burn injuries. He notified an employee who explained to him, “This is what happens to the sandwiches when they aren’t drained properly.”
The following morning, Sutton woke up to find blood all over his pillow. Seven months later, he has not completely healed, and he is unable to perform certain job tasks which may aggravate his condition. Sutton sued McDonald’s for $2 million in compensation for damages resulting in medical bills, lost wages, and pain and suffering.
A federal district court initially dismissed the product liability lawsuit, ruling that Sutton did not prove a standard to which McDonald’s must be held and that he did not exercise reasonable care in eating the sandwich. However, the dismissal was recently overturned on appeal, meaning that the trial will move forward.
The federal appeals court ruled that Sutton had presented enough evidence for a jury to potentially conclude the negligent actions of the McDonald’s chain violated Virginia’s food safety laws.
Fast food chains have a responsibility to take precautions that will prevent patrons from suffering an unnecessary personal injury from consuming their product. When their negligent actions fail to protect the safety of customers, an experienced product liability lawyer can help hold the chain accountable for damages suffered.
If you have a product liability claim in the Washington, D.C. or Virginia area, please contact the Virginia personal injury lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule your free initial consultation.
Written by Andrew Martin: professional blogger and guru of misfortune.
