39. As a result, the subject Ninja blenders, including Plaintiff’s Ninja blender, contain
defects in their design which render them unreasonably dangerous to consumers, such as the
Plaintiff, when used as intended or as reasonably foreseeable to Defendant, which causes an
unreasonable increased risk of injury.
40. Plaintiff in this case used her Ninja blender in a reasonably foreseeable manner and
did so as substantially intended by Defendant.
41. The subject Ninja blender was not materially altered or modified after being
manufactured by Defendant and before being used by Plaintiff.
42. As a direct and proximate result of Defendant’ negligent design of its Ninja
blenders, the Plaintiff in this case suffered injuries and damages described herein.
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 III
NEGLIGENT FAILURE TO WARN
43. Plaintiff incorporates by reference each preceding and succeeding paragraph as
though set forth fully herein.
44. At the time in which the Ninja blender was purchased, up through the time Plaintiff
was injured, Defendant knew or had reason to know that its Ninja blenders were dangerous and
created an unreasonable risk of harm to consumers.
45. Defendant had a duty to exercise reasonable care to warn consumers of the
dangerous conditions or the facts that made its Ninja blenders likely to be dangerous.
46. As a direct and proximate result of Defendant’s failure to warn of the dangers of its
Ninja blenders, the Plaintiff in this case suffered injuries and damages described herein.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, together
Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 8 of 11 PageID #: 8
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