Examples of such designs include, but are not limited to, securing or affixing the blade assembly
to the gear shaft or designing a blade assembly that locks into place.
27. As a direct and proximate result of Defendant’s intentional concealment of such
defects, its failure to remove a product with such defects from the stream of commerce, and its
negligent design of such products, Plaintiff used an unreasonably dangerous blender, which
resulted in significant and painful bodily injuries.
28. Consequently, the Plaintiff in this case seeks damages resulting from the use of
Defendant’s blender as described above, which has caused the Plaintiff to suffer from serious
bodily injuries, medical expenses, physical pain, mental anguish, diminished enjoyment of life,
and other damages.
CLAIMS FOR RELIEF
COUNT I
STRICT LIABILITY
29. Plaintiff incorporates by reference each preceding and succeeding paragraph as
though set forth fully at length herein.
30. At the time of Plaintiff’s injuries, Defendant’s Ninja blenders were defective and
unreasonably dangerous for use by foreseeable consumers, including Plaintiff.
31. Defendant’s Ninja blenders were in the same or substantially similar condition as
when they left the possession of Defendant.
32. Plaintiff did not misuse or materially alter the Ninja blender.
33. The Ninja blenders did not perform as safely as an ordinary consumer would have
expected them to perform when used in a reasonably foreseeable way.
34. Further, a reasonable person would conclude that the possibility and serious of harm
outweighs the burden or cost of making the Ninja blenders safe. Specifically:
Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 6 of 11 PageID #: 6
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