Ohio Supreme Court Rules Boneless Chicken Wings Can Contain Bones

Ohio Supreme Court Rules Boneless Chicken Wings Can Contain BonesPhoto byGetty Images - stock photo

COLUMBUS, Ohio – The Ohio Supreme Court ruled Thursday that consumers cannot expect boneless chicken wings to be completely free of bones, dismissing a lawsuit filed by a restaurant patron who experienced severe medical issues after ingesting a bone.

Michael Berkheimer dined at Wings on Brookwood in Hamilton, Ohio, with his wife and friends when he ordered boneless wings with parmesan garlic sauce. While eating, Berkheimer swallowed a piece of meat that caused him distress. Three days later, he was feverish and unable to eat, prompting a visit to the emergency room. Doctors discovered a long, thin bone had torn his esophagus, resulting in an infection.

Berkheimer filed a lawsuit against the restaurant, its chicken supplier, and the farm, alleging negligence for not warning customers that boneless wings could contain bones. However, the Ohio Supreme Court, in a 4-3 decision, ruled that the term "boneless wings" refers to a cooking style and that it is common knowledge that chickens have bones. The court upheld lower court decisions dismissing Berkheimer’s case.

"A diner reading ‘boneless wings’ on a menu would no more believe that the restaurant was guaranteeing the absence of bones in the items than believe that the items were made from chicken wings, just as a person eating ‘chicken fingers’ would know that he had not been served fingers," wrote Justice Joseph T. Deters for the majority.

The dissenting justices argued that the case should have gone to a jury. Justice Michael P. Donnelly wrote, "The question must be asked: Does anyone really believe that parents feeding their young children boneless wings, chicken tenders, or chicken nuggets expect bones to be present? Of course they don’t. When they read the word ‘boneless,’ they think it means ‘without bones,’ as do all sensible people."

Issues to Resolve:

1. Should restaurants include disclaimers about potential bones in boneless chicken products?
2. How should food labeling be regulated to prevent consumer misunderstandings?

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