PARDALIS & NOHAVICKA FOOD INDUSTRY LIABILITY UPDATE: A Fish Case
Clare was having a nice fish dinner at Fulton Restaurant when she attempted to swallow a fishbone, about one inch long (2 x 0.5x0.2cm.), got stuck in her throat perforating her esophagus. The bone was surgically removed. Clare sued the restaurant.
The Court noted that a customer has no right to expect a perfect piece of fish, (because everyone knows that tiny bones may remain in even the best fillets of fish.). But the Court allowed Clare's case to go forward to a jury who will determine at trial whether or not the flounder was filleted properly; whether or not Clare in fact choked on a pinbone or a larger bone; and, whether or not the bone was one that could be reasonably anticipated to be present in filleted fish.
Read the case here: Amiano v Greenwich Vil. Fish Co., Inc.