Ohio Supreme Court Rules in Favor of Restaurant in Boneless Chicken Wings Lawsuit
In a recent ruling, the Ohio Supreme Court upheld a lower court’s decision in a lawsuit involving boneless chicken wings that contained bones. The case involved Michael Burkheimer, who experienced health issues after consuming boneless chicken wings from a restaurant in Hamilton, Ohio.
Court’s Rationale for Decision
The Supreme Court determined that the term “boneless” on the menu referred to a cooking style and not a guarantee that the wings would be completely bone-free. The court emphasized that the presence of bone fragments in meat dishes, even those labeled as “boneless,” is a natural occurrence that consumers should be aware of and take precautions against.
The court’s opinion stated, “There is no breach of duty when consumers can reasonably anticipate and guard against the presence of harmful substances in food.” This ruling ultimately absolved the restaurant of liability in Burkheimer’s case.
Implications for Consumers
As a result of this ruling, consumers are advised to exercise caution when ordering boneless chicken wings or similar dishes. While restaurants may use terms like “boneless” on their menus, it is essential for consumers to be aware that incidental bones or fragments may still be present in the food.
The dissenting judge in the case suggested that a jury should have been allowed to determine consumer expectations when ordering boneless chicken wings. However, the majority opinion emphasized the need for consumers to take personal responsibility in such situations.
Overall, the Ohio Supreme Court’s decision highlights the importance of consumer awareness and vigilance when dining out, particularly when ordering dishes that are marketed as boneless.
