Chicken wings advertised as 'boneless' can have bones,Ohio Supreme Court decides
The Ohio Supreme Court ruled that "boneless chicken wings" do not guarantee a bone-free product, emphasizing it refers to a cooking style, not a literal absence of bones.
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The Ohio Supreme Court ruled that consumers cannot expect "boneless chicken wings" to be entirely free of bones. This decision came after a case involving Michael Berkheimer, who suffered serious medical complications when a bone became lodged in his throat while eating boneless wings at a restaurant in Hamilton, Ohio. Berkheimer sued the restaurant, Wings on Brookwood, claiming negligence for not warning him that the boneless wings could contain bones. The court, in a 4-3 decision, stated that the term "boneless wings" refers to a cooking style rather than a guarantee of being bone-free, emphasizing that it is common knowledge that chickens have bones. The majority opinion argued that diners would not assume that "boneless wings" meant the absence of bones, similar to how one would not expect "chicken fingers" to be literal. Dissenting justices criticized this reasoning, arguing that consumers, especially parents feeding children, would naturally expect boneless items to be free of bones. They contended that a jury should have been allowed to determine if the restaurant was negligent in serving Berkheimer a product advertised as boneless. The ruling upheld lower court decisions that had dismissed Berkheimer's lawsuit.
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14 commentsThe Ohio Supreme Court said no, you can’t even ask that question, because you are ridiculous for thinking that “boneless” chicken wings means there are no bones.
My wife grew up in Ohio, and she is constantly telling me about some great thing about Ohio from when she was a kid. And every single F’ing time I type it into Google and discover that this thing no longer exists. Every time.
My sister currently lives in Ohio and tells me about all the backsliding going on. Her kids are just about ready to leave for college (out of state), and she’ll tell anyone that listens that, if you have the choice, you are insane to raise young children in Ohio. And she’s a Republican.
Way to go Ohio https://m.youtube.com/watch?v=thu8DWsirJo
If I were served boneless wings, and I found a 5cm bone in there it’d be far outside the bounds of expectation.
> According to Berkheimer, he estimated the chicken bone was between one and one-half inches and two inches, but he had no reason to dispute the doctor's note describing the chicken bone as five centimeters long.
I just found this funny because it makes it sound as if Berkheimer believes 5 cm is much bigger than 1.5 to 2 inches when 5 centimeter is just about 2 inches.
Is it legal for my McNuggets to contain bones?
Gone there because a few friends wanted to, couldn't even believe I didn't know KFC. Got some, took a first bite... CRUNCH OUCH! WTF?!
I really expected them to be boneless.
I'm surprised the ruling was 4-3 and not a bigger majority. I don't expect the supplier to have extremely tight quality controls around the presence of bones. Boneless is a convenience, not an absolute guarantee.
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