this post was submitted on 15 Sep 2025
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[–] hildegarde@lemmy.blahaj.zone 12 points 6 hours ago (1 children)

A restaurant served boneless wings which contained a large bone fragment by mistake. A factory deboneing chickens at scale can't be certain they got all the bones, some can be missed. A customer swallowed the bone fragment, became injured as a result, and sued the restaurant.

The court ruled that because chickens have bones, a bone being missed in the factory was not negligence, and the customer was not entitled to damages. If the contaminant were a foreign contaminant, like say metal or glass, it would have been negligent.

It was a 4-3 decision, but as it's Ohio's state supreme court, this ruling does not apply to other states.

[–] princessnorah@lemmy.blahaj.zone 6 points 4 hours ago (1 children)

Boneless wings aren't made from literal wings with the bones removed, they're made from breast meat cut in the shape of wings. Have you ever heard of someone finding bones in their chicken breasts bought from a supermarket? When supermarkets always use factory suppliers as well.

About the only thing I'd agree to is that it's not the restaurant's fault. They should have been able to declare their supplier to the court and then peace out of the whole affair.

[–] hildegarde@lemmy.blahaj.zone 3 points 2 hours ago

You can buy chicken breasts with bones attached. There are bones nearby to all of the meat. Since it was a bone fragment, the bone must have broken at some point. I have found a fragment in supermarket chicken. Its rare but it does happen.

I personally think it was bad ruling, and some party should have been liable.

However, my intention was to summarize the court case in a neutral way.

[–] VinesNFluff@pawb.social 3 points 10 hours ago (1 children)
[–] Stamets@lemmy.world 3 points 10 hours ago* (last edited 10 hours ago)

Cursed...

Sometimes people call me famous on this website. Do you know how I know I'm not famous? Because if I was I would have your ribs extracted through your kneecaps.

sigh fuck it, why not. After all, do we really want to live in a country where words matter and a corporation can lose a few bucks over negligence?

proving once again nothing good comes from ohio

[–] Zizzy@lemmy.blahaj.zone -1 points 1 day ago (1 children)

Is this because the meat slurry used to make nuggets contain bone? Thats what im assuming and not that a bone-in wing can be called boneless. But this is america so i have no idea.

[–] IrateAnteater@sh.itjust.works 3 points 1 day ago (1 children)

It's probably just the result of someone suing after finding a piece of bone in their boneless wing.

Also, boneless wings tend to be made of cuts of breast meat, not the compressed meat slurry of nuggets. It's basically the only thing that separates the two.

[–] masterspace@lemmy.ca 1 points 1 day ago* (last edited 1 day ago) (3 children)

It is the result of someone suing, but I have no idea what you mean with the modifier "just".

A guy bought boneless wings, ate them, one of them had a long bone in it that he swallowed and it caused a massive infection.

He of course sued, and the Ohio Supreme Court made this asinine ruling to protect the food supplier mega corporation, rather then forcing them to have proper quality control processes.

https://www.theguardian.com/us-news/article/2024/jul/26/boneless-chicken-wings-ohio-ruling

It's honestly one of the most mind boggingly stupid decisions I've ever heard. An Ohio State Senator introduced legislation in January to effectively tell the Supreme Court their ruling was dumb:

https://www.newsweek.com/ohio-bill-aims-target-boneless-chicken-wings-2033419

In English, "just" can also infer "nothing more than". It doesn't just mean "trivial or unimportant". See what I did there?

[–] Lyra_Lycan@lemmy.blahaj.zone 2 points 1 day ago* (last edited 1 day ago)

Good to know Ohio health laws in place for consumers are actually a single-use ticket before being overwritten

Edit: I've just read that the Supreme court ruled against this guy, so he lost the suit and the law actually meant nothing

[–] IrateAnteater@sh.itjust.works 0 points 1 day ago (2 children)

It's a meat product. Meat products come with the possibility of bones.

We could also have prevented this situation with government mandated minimum chewing times.

[–] owsei@programming.dev 2 points 1 day ago

I'm gonna sell "peanutless" peanut butter (with peanuts) to allergic people and see how it goes

[–] masterspace@lemmy.ca 2 points 1 day ago* (last edited 1 day ago) (1 children)

If they have the possibility of having bones in them, then they should not be labelled "boneless", since they are then, you know, not boneless. They should be labelled "sometimes boneless", or the company should do its job and follow proper quality control processes.

We could also have prevented this situation with government mandated minimum chewing times.

Please do tell us your detailed plan for having the government regulate the chewing time of children?

I'm sure it's more practical then just banning corporations from making false claims and lying to consumers.

[–] IrateAnteater@sh.itjust.works -1 points 1 day ago (1 children)

Good Lord, every time I think that surely my sarcasm is obvious enough, someone goes ahead and proves me wrong.

Unless you are eating octopus or calamari, every piece of meat ever comes with the possibility of bones. If you need the government to hold your hand and save you from that, maybe it's time to consider vegetarianism.

[–] masterspace@lemmy.ca 4 points 1 day ago* (last edited 1 day ago) (1 children)

Unless you are eating octopus or calamari, every piece of meat ever comes with the possibility of bones.

Ok bud, so when I buy a chicken breast, it's totally impossible for me to butcher and clean it in a way that there aren't going to be bones in the end result?

You think bones just randomly grow throughout the muscle in impossible to predict ways?

Why on earth, should a corporation be allowed to advertise that they sell boneless wings that have bones in them? This isn't the government holding someone's hand this is the government preventing a massive corporation from lying and cutting corners to the point that people get hurt. Like Jesus Christ do you work for Tyson foods, are you sleep deprived, or genuinely just this daft?

[–] testfactor@lemmy.world -1 points 1 day ago (1 children)

Tyson produces over 5.5 billion (with a B) chicken wings per year. Let's assume it's a similar number of boneless chicken wings.

Can you propose a process that is so flawless that it won't fail a single time out of 5.5 Billion?

If you had ten people checking every single nugget by hand, you still might miss one out of every 5.5 BILLION.

No process is flawless, and it's impossible to expect it to be.

Now, when a problem happens, I'd agree that Tyson should be on the hook to cover medical costs, etc. This shouldn't hinge on the definition of "boneless." Regardless of whether the customer should have known there was the chance of bone or not, their product caused harm in an unexpected way, and they should be liable for that.

But to expect them to have a literal perfect record of 0/5,500,000,000 is asinine.

[–] masterspace@lemmy.ca 1 points 1 day ago* (last edited 1 day ago) (1 children)

Can you propose a process that is so flawless that it won't fail a single time out of 5.5 Billion?

Well yeah, two obvious ones:

  1. what you do with chicken nuggets, where you grind the meat.

  2. where you train and pay your employees well and have quality control processes and audits to detect whenever something goes wrong.

Now, when a problem happens, I'd agree that Tyson should be on the hook to cover medical costs, etc. This shouldn't hinge on the definition of "boneless." Regardless of whether the customer should have known there was the chance of bone or not, their product caused harm in an unexpected way, and they should be liable for that.

It entirely hinges on that definition. Tyson isn't going to get sued or cover shit if you choke on a bone in a normal chicken wing.

The harm occurred only because Tyson advertised them as boneless when they weren't.

[–] testfactor@lemmy.world 1 points 1 day ago

Grinding the meat leads to a substantively different product. One people often don't want for a particular application.

There's no human based QC system on earth that will have zero failures out of 5.5 billion attempts. It is quite literally impossible.

We're splitting hairs on the definitional point. What I intended to say was that you don't have to support that boneless chicken nuggets are required to be bone free to find that a reasonable person would not expect to find a bone in boneless wings as a matter of course. While a reasonable person shouldn't be surprised to find a bone in a boneless wing, anymore than they should be surprised to find a seed in a seedless watermelon, should that bone cause damage the company should be at fault because the bone was not intended to be there, and was included due to a mishap in their manufacturing process. An unavoidable mishap, but a mishap nonetheless.

It's like how someone will die in a dangerous line of work, even if you take every possible precaution. Eventually, even if it takes 100yrs, something bad will happen because people are people. Even though the company did everything right, they should still have to pay out workman's compensation for the death/injury.