HAMILTON, OH – The Ohio Supreme Court issued a ruling on Thursday, finding that consumers should not expect “boneless chicken wings” to be completely free of bones.
In a close 4-3 decision, the justices determined that the term “boneless wings” is understood to describe a style of cooking rather than a guarantee of no bones, aligning with common consumer expectations similar to terms like “chicken fingers.”
Justice Joseph T. Deters, writing for the majority, emphasized that the terminology on menus should not be interpreted as a strict assurance of bone absence.
This decision came after a restaurant patron, Michael Berkheimer, encountered a severe health issue due to a bone in his meal.
While dining at Wings on Brookwood in Hamilton, Ohio, Berkheimer ordered boneless wings with parmesan garlic sauce. After experiencing discomfort, he was hospitalized three days later with a serious esophageal injury caused by a bone.
Despite his lawsuit against the restaurant, its supplier, and the farm responsible for the chicken, claiming negligence for not warning consumers of possible bones in the meat, the Supreme Court upheld lower court decisions to dismiss the case.
