A restaurant served boneless wings which contained a large bone fragment by mistake. A factory deboneing chickens at scale can’t be certain they got all the bones, some can be missed. A customer swallowed the bone fragment, became injured as a result, and sued the restaurant.
The court ruled that because chickens have bones, a bone being missed in the factory was not negligence, and the customer was not entitled to damages. If the contaminant were a foreign contaminant, like say metal or glass, it would have been negligent.
It was a 4-3 decision, but as it’s Ohio’s state supreme court, this ruling does not apply to other states.
Boneless wings aren’t made from literal wings with the bones removed, they’re made from breast meat cut in the shape of wings. Have you ever heard of someone finding bones in their chicken breasts bought from a supermarket? When supermarkets always use factory suppliers as well.
About the only thing I’d agree to is that it’s not the restaurant’s fault. They should have been able to declare their supplier to the court and then peace out of the whole affair.
You can buy chicken breasts with bones attached. There are bones nearby to all of the meat. Since it was a bone fragment, the bone must have broken at some point. I have found a fragment in supermarket chicken. Its rare but it does happen.
I personally think it was bad ruling, and some party should have been liable.
However, my intention was to summarize the court case in a neutral way.
A restaurant served boneless wings which contained a large bone fragment by mistake. A factory deboneing chickens at scale can’t be certain they got all the bones, some can be missed. A customer swallowed the bone fragment, became injured as a result, and sued the restaurant.
The court ruled that because chickens have bones, a bone being missed in the factory was not negligence, and the customer was not entitled to damages. If the contaminant were a foreign contaminant, like say metal or glass, it would have been negligent.
It was a 4-3 decision, but as it’s Ohio’s state supreme court, this ruling does not apply to other states.
Boneless wings aren’t made from literal wings with the bones removed, they’re made from breast meat cut in the shape of wings. Have you ever heard of someone finding bones in their chicken breasts bought from a supermarket? When supermarkets always use factory suppliers as well.
About the only thing I’d agree to is that it’s not the restaurant’s fault. They should have been able to declare their supplier to the court and then peace out of the whole affair.
You can buy chicken breasts with bones attached. There are bones nearby to all of the meat. Since it was a bone fragment, the bone must have broken at some point. I have found a fragment in supermarket chicken. Its rare but it does happen.
I personally think it was bad ruling, and some party should have been liable.
However, my intention was to summarize the court case in a neutral way.