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Old 12-08-2009, 10:54 AM   #1 (permalink)
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Join Date: Dec 2009
Posts: 1
worth my time?

I went to KFC and got a boneless bbq chicken sandwich. In the sandwich was a bone of about an inch long and it broke out my front tooth. After many calls to their company an adjuster calls me back and said in the state of Ohio they cannot be held negligent for a bone in a chicken sandwich. At first I just wanted mt tooth fixed and the pain of the exposed nerve to go away and now I am just pissed. I understand a bone in a chicken sandwich isnt considered a foreign object but what about an advertised boneless chicken sandwich? Do I have any ground to stand on or am i just screwed?
Thank you in advance for your time!
ps. if it helps I still have the remainder of the sandwich with bone in the wrapper as well as the receipt.
harding123 is offline  
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Old 12-08-2009, 12:33 PM   #2 (permalink)
Join Date: Oct 2009
Location: Western North America
Posts: 69
I am sorry to hear about this incident.

Your question actually presents two issues: 1) breach of warranty; and 2) negligence.

You make a good point about the advertising. If in fact the sandwich was advertised as "boneless", then you have a good argument that the warranty was breached and that you should be compensated for the resulting injury. (Preserving the evidence on this would be essential. If you have not already obtained evidence of the advertising I suggest doing so as soon as possible.)

On the second issue, negligence, I do not think the issue is so much whether the bone is a foreign object or a natural one. The issue is one of the standard of care for proper food preparation. No one expects a bone in a chicken sandwich. If the bone would have been visible to the person preparing the sandwich, then it would follow that the restaurant is liable to you for the resulting damages.

Finding a personal injury attorney interested in the case may be difficult, but not necessarily impossible. In some states there are statutes which provide that when the damages are not extremely high (e.g. $5,000 or less) that the party responsible for the injury has to pay attorney fees if the injured party wins in court. The law on this is different from state to state, so you would have to speak to a lawyer in your state.

If you cannot find a lawyer, you might consider a small claims court option.

Good luck to you.
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Old 06-23-2015, 05:28 AM   #3 (permalink)
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Join Date: Feb 2015
Posts: 12
I guess this is the case of negligence and as they did not deliver the product as per advertised. You must keep the evidence along with the copy of the bill. A personal injury attorney might help in getting you the compensation that you deserve.
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Old 06-30-2015, 05:47 PM   #4 (permalink)
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Bone in Boneless

This would be a tough one to win over because although someone would not expect a bone in a boneless chicken, it is not necessarily the food prepers neglogence that caused this to happen, and it kind of is a natural thing to happen.

if you were eating a rib and you bit into it and broke your tooth it there is no case as that is natural to the food being served and it is not negligent to serve ribs on the rib. If, however, you were eating a salad and bit into a piece of metal, you may have a claim under either, or both, strict product liability and/or negligence.

In any case, you may want to talk to a personal injury attorney that can help you if you want to pursue this matter.
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