a. The Ninja blenders designed, manufactured, sold, and supplied by Defendant were
defectively designed and placed into the stream of commerce in a defective and
unreasonably dangerous condition for consumers;
b. The seriousness of the potential burn injuries resulting from the product drastically
outweighs any benefit that could be derived from its normal, intended use;
c. Defendant failed to properly market, design, manufacture, distribute, supply, and
sell the Ninja blenders, despite having extensive knowledge that the
aforementioned injuries could and did occur;
d. Defendant failed to warn and place adequate warnings and instructions on the Ninja
blenders;
e. Defendant failed to adequately test the Ninja blenders; and
f. Defendant failed to market an economically feasible alternative design, despite the
existence of the aforementioned economical, safer alternatives, that could have
prevented the Plaintiff’ injuries and damages.
35. Defendant’s actions and omissions were the direct and proximate cause of the
Plaintiff’s injuries and damages.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, together
with interest, costs of suit, and all such other relief as the Court deems proper.
COUNT II
NEGLIGENT DESIGN DEFECT
36. Plaintiff incorporates by reference each preceding and succeeding paragraph as
though set forth fully at length herein.
37. Defendant is the manufacturer, seller, distributor, marketer, and supplier of the
subject Ninja blenders, which were negligently designed.
38. Defendant failed to exercise reasonable care in designing, developing,
manufacturing, inspecting, testing, packaging, selling, distributing, labeling, marketing, and
promoting its Ninja blenders, which were defective and presented an unreasonable risk of harm to
consumers, such as the Plaintiff.
Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 7 of 11 PageID #: 7
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