Supreme Court rules that boneless chicken must have bones
In Ohio, a customer who ate chicken wings advertised as 'boneless' actually had bones in them, swallowed them, and suffered an infection, sued the restaurant. However, the court dismissed the customer's lawsuit, stating that 'boneless chicken wings may contain bones.'
Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides | AP News
Lawmaker takes action after court rules 'boneless' chicken wings can have bones
In 2017, patron Michael Berkheimer was dining with family and friends at the Ohio restaurant Wings on Brookwood when he ordered his usual 'boneless chicken wings with parmesan garlic sauce.' However, Berkheimer accidentally ingested something and suffered from high fever and nausea for several days afterwards.
Three days after eating the meal, Berkheimer was rushed to the emergency room, where doctors discovered two chicken bones, one about 1 inch (2.5 cm) and the other about 3/4 inch (9.5 mm), in his esophagus.
Doctors say the bone ingested by the patient damaged Berkheimer's esophagus, causing an infection and resulting in multiple surgeries over the course of several weeks in the hospital.
Berkheimer sued Wings on Brookwood and its chicken supplier, alleging that the restaurant's negligence led to his illness, saying the restaurant 'failed to warn him that the boneless wings contained bones.'
The Court of Common Pleas and the 12th District Court of Appeals dismissed Berkheimer's lawsuit, stating that 'it is common knowledge that meat dishes may have bones.' Furthermore, on July 25, 2024, the Ohio Supreme Court dismissed the lawsuit, arguing that ''boneless chicken wings' refers to a cooking style only, and it is common knowledge that chickens have bones, so Berkheimer should have been wary of the presence of bones.'
Justice Joseph Deters of the Ohio Supreme Court said, 'Just as a customer who orders 'chicken fingers' would not expect to be served actual fingers, a restaurant would not expect a 'boneless' guarantee.' Justice Michael Donnelly, on the other hand, criticized, 'When a customer sees the words 'boneless wings,' they would generally think, 'These wings do not contain bones.' Parents who feed their young children chicken would not expect boneless wings to contain bones.'
'This ruling is insane,' said Sen. Bill DeMollah, D-Ohio. 'To protect Mr. Burkheimer and other Ohioans, I will seek to enact legislation that says boneless chicken means no bones.'
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