NSW Bone Found in Chicken Burger - Sue under Australian Consumer Law?

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4 August 2015
Not sure if you can help me with this but: I bought a chicken burger yesterday and it had a bone in it, can I sue under Australian Consumer Law? I still have half the burger left with the bone in it

Tracy B

Well-Known Member
24 December 2014
Hi George,

Were you injured by the bone? This may not be a consumer law problem. However, you can try contacting the Department of Fair Trading to enquire. It appears to be more of a personal injury issue, falling under general law.

If you were seriously injured because of the bone and incurred substantial medical expenses, there may be recourse there. However, if you just found a bone, but did not suffer any damages, it may not be worth pursuing at law. The costs, time and expenses would be substantial compared to what you would likely receive if you were to win. And the chance of succeeding would be low. Again, this will depend on the circumstances of your situation.

Did you bring it up with the restaurant? How did they respond?