Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides

[VoidCat]

Actually his points convinced me that I was wrong about judging the man harshly without knowing enough about him.

How so?

 

[Eddi]

Sighs. Go ahead with that attitude. When you old and possibly showing signs of dysphagia and choke due to it hopefully no one calls you a pig and blame you for almost dying despite being careful eating.

People are flawed beings. I'd rather not blame someone for almost dying because they may have missed chewed or for other reasons.

If I ever choke on my food I will never ever try and pass it off as anyone else's fault

Because I will be then as I am now a responsible adult

 

[Subduction Zone]

How so?

He took my statement to an extreme and made its flaws obvious to me.

Sometimes a bad example can be useful.

 

[TransmutingSoul]

Obviously he did not masticate the bite size piece. This poor habit of eating, also enabled the resulting medical emergency.

Lack of masticating of our food, is a poor habit that we get into either when we have not been taught the correct way to eat, or we have way too much food to eat.

I personally have found It is very hard to get all bones out of a chicken, even when it is cooked. If one eats chicken often, they would know that boneless chicken is not always 100% boneless. Just last night we fed a meal to our visitors that included chicken we had taken the bones out of, 3 bones were still found during the eating process. The easiest one missed is the needle like one in the drumstick.

Any compensation should just be insurance against lost income, people should appreciate the fact that medical advances enabled the healing of what would once have been a sure death sentence. People now use this path to get easy money.

Regards Tony

 

[Kathryn]

I find it horrendous someone would blame someone for almost dying like it isn't common for food to go down the wrong pipe and such.

I totally agree and I do think that the court got this one wrong. And we don't know if this guy was disabled by an eating disorder or not for that matter.

 

[VoidCat]

If I ever choke on my food I will never ever try and pass it off as anyone else's fault

Because I will be then as I am now a responsible adult

I never said pass the blame to someone else. Just don't blame them for choking.

I personally don't think the resturant is at fault unless they purposely left a lot of bones there. Many folk might accidently leave bones in food.

He took my statement to an extreme and made its flaws obvious to me.

Sometimes a bad example can be useful.

Nods. Good point

 

[The Sum of Awe]

Well, he obviously wasn't paying as much attention as he should have been that's for sure

He should have payed attention to what was in his mouth, so yes

And not be like a walrus gulping down a bucket of fish in a zoo

Sure, maybe for his own safety. But legally? If the product is advertised as boneless, how is the producer not responsible if a bone injures him?

 

[Eddi]

If the product is advertised as boneless, how is the producer not responsible if a bone injures him?

Because he should have been chewing his food properly regardless of whether or not there may have been bones in it?

 

[Quagmire]

--- but only if the chicken identified as boneless.

(Man, I'm going to get in so much trouble for that)

 

[Quintessence]

Because he should have been chewing his food properly regardless of whether or not there may have been bones in it?

Regardless of "chewing his food properly" that doesn't absolve the producer of responsibility for their product regardless. It was advertised as boneless. A bone - a food contaminant - caused a medical emergency, not "improper chewing" (seriously?) in of itself.

 

[VoidCat]

personally have found It is very hard to get all bones out of a chicken, even when it is cooked. If one eats chicken often, they would know that boneless chicken is not always 100% boneless. Just last night we fed a meal to our visitors that included chicken we had taken the bones out of, 3 bones were still found during the eating process. The easiest one missed is the needle like one in the drumstick

That's why I dont think the court got it wrong here. Unless the company intentionally left tons of bones here it's easy for bones to slip through the cracks. Even with machinery that helps with that mistakes can happen bone gets left by accident. Company is not responsible for that. Chickens got bones it happens.

It's no one's fault here the guy choked. Not the company nor the guy who choked. Anyone can choke. Anyone. Doesn't matter how careful you eat it can happen. Sure it's more likely if you eat fast but it still can happen even if you eat slow. And many folk are not taught how to eat properly there's so much that goes into chewing and swallowing that's why feeding therapy exists or they get into the habit of eating fast by necessity. Heck alot of older adults have swallowing issues. Dysphagia is a huge thing among the elderly. But anyone at any age can choke.

Basically this situation was no ones fault unless the resturant purposely gave chicken with tons of bones in it. Its a tragedy and im glad the guy survived.

 

[Eddi]

Regardless of "chewing his food properly" that doesn't absolve the producer of responsibility for their product regardless. It was advertised as boneless. A bone - a food contaminant - caused a medical emergency, not "improper chewing" (seriously?) in of itself.

Yet had he carefully chewed whatever was in his mouth and ate his food in a civilised manner and pace then there would have been no (entirely self inflicted) medical emergency.

He could have then gone home and complained about the whole advertising issue without having almost killed himself.

Him being at fault and the advertising being off are two separate issues here.

 

[VoidCat]

Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual — boneless wings with parmesan garlic sauce — when he felt a bite-size piece of meat go down the wrong way. Three days later, feverish and unable to keep food down, Berkeimer went to the emergency room, where a doctor discovered a long, thin bone that had torn his esophagus and caused an infection.

Rereading it he hadn't choked. But this doesnt sound good and i still think it's no ones fault here and glad he survived.

(I was in a rush reading the article earlier was busy)

@Eddi. You never had food go down the wrong way? Ever?

 

[Quintessence]

Him being at fault and the advertising being off are two separate issues here.

Then why are you engaging in this victim blaming instead of the actual issue here?

 

[Eddi]

You never had food go down the wrong way? Ever?

Yes

And it was entirely my own fault

Nobody else's

It will always be my own fault

I am a responsible adult

 

[VoidCat]

Yes

And it was entirely my own fault

Nobody else's

It will always be my own fault

I am a responsible adult

I'm saying I wouldn't blame anyone here. I dont think this was anyone's fault

 

[Eddi]

Then why are you engaging in this victim blaming instead of the actual issue here?

I wouldn't call him a "victim" as what happened was purely his own fault

He's a grown man

 

[Twilight Hue]

They should change boneless nuggets, into less bone nuggets.

That would be better although I'm not sure about the marketing aspect of it, but then again it will be more truthful marketing than deceptive marketing.

Makes sense doesn't it?

 

[Quintessence]

They should change boneless nuggets, into less bone nuggets.

Nah, don't necessarily have to go that far (though it'd be ideal) - just have a warning label or disclaimer. They do that on salmon products because salmon have so many tiny bones it is very common for some to be left in the product.

 

[Quintessence]

I wouldn't call him a "victim" as what happened was purely his own fault

No, it wasn't. He didn't raise the chicken, slaughter the chicken, create the product, or market the product. Someone else did that.