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Mouthing Off | After US court’s boneless chicken wing ruling, do I sue when I find something in my food?

Andrew Sun has had his share of weird objects in meals, but, not being in the US, has never thought about suing the offending restaurant

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Boneless chicken wings can contain bits of bone, according to a recent Ohio Supreme Court ruling. Photo: Shutterstock

The American legal system has made some controversial rulings recently. Last month, the Ohio Supreme Court sowed serious social division and redefined the state’s concept of freedom, justice, and boneless chicken.

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Back in 2016, a man ordered a plate of boneless wings at a north Cincinnati restaurant called Wings On Brookwood. While eating one of the pieces, he felt something in his throat as he swallowed. He could not cough up the morsel and spent the rest of the night in an uncomfortable state.

The next day, he developed a fever and went to accident and emergency, where doctors discovered a tiny chicken bone had torn the wall of his oesophagus, resulting in a massive infection in his thoracic cavity. This led to two separate operations and weeks in hospital.

He sued the restaurant and its supplier, arguing negligence.

A man took a restaurant to court after a bone fragment in his boneless chicken meal pierced his oesophagus, causing an infection. Photo: Shutterstock
A man took a restaurant to court after a bone fragment in his boneless chicken meal pierced his oesophagus, causing an infection. Photo: Shutterstock

However, the county’s lower court and the district court of appeals both ruled against the man. He and his lawyer still maintained there was fowl play, so they took the case to the Ohio Supreme Court.

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In late July, the top court delivered its verdict, denying his appeal and agreeing with the lower courts which had suggested “common sense dictated the presence of bone fragments in meat dishes”.

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