with interest, costs of suit, and all such other relief as the Court deems proper.
COUNT IV
NEGLIGENCE
47. Plaintiff incorporates by reference each preceding and succeeding paragraph as
though set forth fully at length herein.
48. Defendant has a duty of reasonable care to design, manufacture, market, and sell
non-defective Ninja blenders that are reasonably safe for their intended uses by consumers, such
as Plaintiff and her family.
49. Defendant failed to exercise ordinary care in the manufacture, sale, warnings,
quality assurance, quality control, distribution, advertising, promotion, sale and marketing of its
Ninja blenders in that Defendant knew or should have known that said Ninja blenders created a
high risk of unreasonable harm to the Plaintiff and consumers alike.
50. Defendant negligent in the design, manufacture, advertising, warning, marketing
and sale of its Ninja blenders in that, among other things, it:
a. Failed to use due care in designing and manufacturing the Ninja blenders to avoid
the aforementioned risks to individuals;
b. Placed an unsafe product into the stream of commerce;
c. Aggressively over-promoted and marketed its Ninja blenders through television,
social media, and other advertising outlets; and
d. Were otherwise careless or negligent.
51. Even though Defendant knew or should have known of the aforementioned defects,
Defendant continued to market (and continue to do so) its Ninja blenders to the general public.
WHEREFORE, Plaintiff demands judgment against Defendant for damages, together
with interest, costs of suit, and all such deems proper.
Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 9 of 11 PageID #: 9
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