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Florida Jury finds McDonald’s Liable: Who Was Negligent, McDonald’s or The Parent?

Here we go again. A jury finds McDonald’s liable, in a case regarding food fried in OIL. If I’m sounding snarky, it’s because I can’t believe a jury found a…

Jury finds McDonald's Liable: Who's Fault Was It? McDonald's or The Parent?

28 June 2019, Berlin: A young woman is eating Chicken McNuggets and French fries from a cardboard box, recorded at a McDonald’s branch. The fast food chain McDonald’s wants to produce less plastic waste. For example, desserts are to be sold in the course of the coming year in more sustainable packaging “almost without plastic”. Already this year plastic holders for balloons would be abolished, McDonald’s announced. From 2021 they will no longer be allowed to be sold in the EU – as will disposable cutlery and plates and plastic straws. Photo: Gerald Matzka/dpa-Zentralbild/ZB (Photo by Gerald Matzka/picture alliance via Getty Images)

Here we go again. A jury finds McDonald's liable, in a case regarding food fried in OIL. If I'm sounding snarky, it's because I can't believe a jury found a local franchise owner liable for, are you ready, unreasonable hot and dangerously hot Chicken Mc Nuggets that burned a four year old. So, if I burn myself removing my Thanksgiving turkey, should I sue GE? 

Television Video

Drive through video shows a Florida Mom, in the front drivers seat, handing a Happy Meal to her four year old child in the back seat. Unfortunately, a freshly cooked Chicken Mc Nugget fell from the Happy Meal packaging, burning the child's leg. Reports say it was a second degree burn.  In this 2019 case, the Florida mother, sued McDonald's and the local franchise owner for negligence. This week, a Florida jury found McDonald's and the franchise owner are liable for severe burn injuries to the child.

According to NBC News:

The NBC affiliate reports that McDonald’s and Upchurch argued they were not responsible for the burns. 

After beginning deliberations on May 10, the jury ultimately found that McDonald’s and Upchurch were not negligent for the second-degree burns. However, the jury determined that the two businesses were at fault for not including warnings on the food, which caused the child to be burned. 

“Just thankful that Olivia’s voice was heard. I’m glad McDonalds now has to acknowledge there’s a warning that needs to be put out there. Just thankful,” she said, according to WTVJ. As for how much McDonald’s and Upchurch will have to pay the family in damages, attorneys said that a trial will likely take place in the summer to determine a specific amount. 

Where Does The Parental Responsibility Begin and End?

Of course, I don't want to see anyone, especially a child, get hurt. But I have to ask: what was Mom thinking? If you watch the video, she simply handed the package to the child, WITHOUT inspecting it. When you go to a McDonald's drive though, the first thing you do is INSPECT your food. To make sure it's the RIGHT FOOD. What if the four year old kid had a peanut allergy and the wrong food was given to the child? Add to that, how did the Mom provide VIDEO or her child screaming, while in a drive through? Don't get me started on that.

Yet, a jury finds McDonald's and a local business liable, claiming that when you order fresh HOT, FRIED FOOD, you need to be warned that the fresh hot fried food you just ordered, is hot.

Can we send heartfelt prayers to the child, whose Mother needs to be warned that food fried in oil is hot?

BBQ is serious game so when picking THE best BBQ in Massachusetts you're bound to ruffle a few feathers but here we go anyway. I love sooooo many barbecue joints. I don't discriminate. Sweet BBQ. Mustard-based BBQ. Brisket. Ribs. Pulled pork and chicken. It's all good to me. Just don't go easy on those collard greens and corn bread, that can be my meal right there.

These picks aren't my picks, that would just be one guy's point of view. Instead I took a lot of time going through every article I could find that claimed they had the definitive best BBQ list in Massachusetts. They all differed so how could they actually each be the definitive list?? Mine is by no means "definitive" either - BUT - hopefully it's the closest list we got! I took the top 5 from each list and gave their 5th place 1 point, 4th place 2 points, 3rd place 3 points, 2nd place 4 points, and 1st place 5 points. Then I added up the points... and this countdown popped out!

So thank you to all of our sources, including: Food Network, Only In Your State, Best Things in Mass, TripAdvisor, and Yelp.

And while we're talking Massachusetts food, THESE ARE THE BIGGEST FOODIE TOWNS IN MASSACHUSETTS, RANKED. Did your town or neighbor make the list??

OK, on with the 'Q!

#15 Best BBQ in Massachusetts

Reunion BBQ - Boston
439 Tremont St, Boston, MA 02116
(857) 317-2979

Must Try: Bao buns!

#14 Best BBQ in Massachusetts

Bark BBQ - Plymouth
367 Court St #3, Plymouth, MA 02360
(508) 720-2275

Must Try: Whatever the special of the day is! And great cornbread.

#13 Best BBQ in Massachusetts

Kinfolks Award Winning BBQ - Taunton
289 Winthrop St, Taunton, MA 02780
(774) 409-4615

Must Try: The Smoked Chicken and the Pulled Pork and the Ribs!

#12 Best BBQ in Massachusetts

M+M BBQ - Boston
1250 Massachusetts Ave, Dorchester, MA 02125
(617) 307-7674

Must Try: The Ribs

#11 Best BBQ in Massachusetts

Redbone's Barbecue - Somerville
55 Chester St, Somerville, MA 02144
(617) 628-2200

Must Try: The Giant BBQ Sandwiches

#10 Best BBQ in Massachusetts

West Side Steak + BBQ - Worcester
2 Richmond Ave, Worcester, MA 01602
(508) 756-6328

Must Try: Their Brisket!

#9 Best BBQ in Massachusetts

Theodore's - Springfield
201 Worthington St, Springfield, MA 01103
(413) 736-6000

Must Try: The jambalaya!

#8 Best BBQ in Massachusetts

Tennessee's - Braintree, Peabody, and Framingham
173 Pearl St, Braintree, MA 02184
260 Andover St, Peabody, MA 01960
341 Cochituate Rd, Framingham, MA 01701

Must Try: St. Louis Ribs

#7 Best BBQ in Massachusetts

Rusty Can - Byfield
6 Fruit St, Byfield, MA 01922
(978) 462-1204

Must Try: The best cheeseburger around!

#6 Best BBQ in Massachusetts

Smokehouse BBQ - Norwood
917 Washington St, Norwood, MA 02062
(781) 620-4200

Must Try: Brisket Sandwich

#5 Best BBQ in Massachusetts

Larry J's BBQ Cafe - Boston
600 D St, Boston, MA 02210
(617) 348-9800

Must Try: Hot links!

#4 Best BBQ in Massachusetts

B.T.'s Smokehouse - Sturbridge
392 Main St, Sturbridge, MA 01566
(508) 347-3188

Must Try: Brisket Sandwich

#3 Best BBQ in Massachusetts

The Smoke Shop BBQ - Cambridge
25 Hampshire St, Cambridge, MA 02139
(617) 577-7427

Must Try: Smoked Turkey BLT

#2 Best BBQ in Massachusetts

Blackstrap BBQ - Winthrop
47 Woodside Ave, Winthrop, MA 02152
(617) 207-1783

Must Try: Burnt Ends Sandwich

#1 - THE Best BBQ in Massachusetts

Sweet Cheeks Q - Boston
1381 Boylston St, Boston, MA 02215
(617) 266-1300

Must Try: Sliced or Chopped Brisket, even tastier after a Red Sox win.

Jaybeau Jones’s radio career has brought him from New York City’s #1 station Z-100 and America’s Top 40 to WROR! Currently, JayBeau’s distinctive voice can be heard not only on WROR but also on Sirius XM’s 70’s Channel and on Dunkin Donut’s in-store radio. Jaybeau’s other life is his writing. In 2012 he launched “Heroes Mentors and Friends” a book about well-being and positive thinking. Jaybeau lives in the area and has two grown children, Jordan and Matthew. Jaybeau loves spending time in nature and spending every second with his wife Heidi and the kids. Jaybeau likes to write about pop culture, music, and personal growth. Jaybeau also loves to write his own backyard in Boston.