Ninja BL685 Owner's Manual
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Ninja BL685 Owner's Manual

Professional kitchen system
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Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 1 of 11 PageID #: 1
ANGELA CAPPELLETTI,
Plaintiff,
- against –
SHARKNINJA OPERATING, LLC
Defendant.
Plaintiff, by and through her attorneys, JOHNSON BECKER, PLLC and MILBERG
COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC, upon information and belief, at all
times hereinafter mentioned, alleges as follows:
1.
Defendant designs, manufactures, markets, imports, distributes and sells consumer
products such as blenders, including the subject "Ninja Blender," which specifically includes the
BL685 model (referred to hereafter as "Ninja blender(s)") that is at issue in this case.
2.
The Ninja blenders are defectively designed and manufactured in that the unit's
stacked blade assembly does not lock into place and is not secured to the gear shaft. When used
in its normal and intended manner by consumers, the blade assembly can fall out of the pitcher,
putting the user at risk of sustaining sever lacerations and injuries requiring medical attention. The
Ninja blenders pose a safety risk to consumers and to other individuals who may be in close
proximity to the Ninja blenders while they are in use.
3.
Defendant knew or should have known of these defects, but has nevertheless put
profit ahead of safety by continuing to sell its Ninja blenders to consumers and failing to recall the
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
NATURE OF THE CASE
Docket No.: 2:23-cv-02144
COMPLAINT AND DEMAND FOR
JURY TRIAL

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Summary of Contents for Ninja BL685

  • Page 1 Ninja blenders while they are in use. Defendant knew or should have known of these defects, but has nevertheless put profit ahead of safety by continuing to sell its Ninja blenders to consumers and failing to recall the...
  • Page 2 Ninja blender’s blade detaching from blade base during the normal, intended use of the Ninja blender. The incident occurred as the result of the Ninja blenders’ defect(s), namely, the Ninja blender’s use of an unsecured blade assembly.
  • Page 3 New York through the promotion, sale, marketing, and distribution of its products. FACTUAL BACKGROUND Ninja blenders, including the Ninja blender that injured the Plaintiff, essentially have three main components: a base unit which contains a high-speed motor and a gear shaft (“motor base”);...
  • Page 4 Consumer Product Safety Commission (CPSC), it recalled roughly 1.1 million of its Ninja BL660 series blenders for this exact defect. See Ninja BL685 Owner’s Guide, pg. 8. A copy of the Owner’s Guide is attached hereto as “Exhibit A.”...
  • Page 5 Economic, safer alternative designs were available that could have prevented the Ninja blender’s blade assembly from easily falling out of the pitcher when it is poured or inverted.
  • Page 6 Defendant. Plaintiff did not misuse or materially alter the Ninja blender. 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.
  • Page 7 Ninja blenders, which were negligently designed. 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.
  • Page 8 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.
  • Page 9 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.
  • Page 10 Plaintiff and against Defendant; b. damages to compensate Plaintiff for her injuries, economic losses and pain and suffering sustained as a result of the use of the Defendant’s Ninja blenders; c. pre and post judgment interest at the lawful rate;...
  • Page 11 Case 2:23-cv-02144 Document 1 Filed 03/20/23 Page 11 of 11 PageID #: 11 Date: March 20, 2023 Respectfully submitted, MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC /s/ Randi Kassan, Esq. Randi Kassan, Esq. 100 Garden City Plaza Suite 500 Garden City, NY 11530 516-741-5600 / 516-741-0128 (fax) Rkassan@milberg.com In association with:...
  • Page 12 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 1 of 16 PageID #: 12...

  • Page 13: Important Safety Instructions

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 2 of 16 PageID #: 13...
  • Page 14 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 3 of 16 PageID #: 14...

  • Page 15: What's Inside

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 4 of 16 PageID #: 15...

  • Page 16: Before First Use

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 5 of 16 PageID #: 16...
  • Page 17 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 6 of 16 PageID #: 17...
  • Page 18 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 7 of 16 PageID #: 18...
  • Page 19 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 8 of 16 PageID #: 19...
  • Page 20 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 9 of 16 PageID #: 20...
  • Page 21 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 10 of 16 PageID #: 21...
  • Page 22 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 11 of 16 PageID #: 22...

  • Page 23: Care And Maintenance

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 12 of 16 PageID #: 23...

  • Page 24: Troubleshooting Guide

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 13 of 16 PageID #: 24...
  • Page 25 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 14 of 16 PageID #: 25...

  • Page 26: One (1) Year Limited Warranty

    Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 15 of 16 PageID #: 26...
  • Page 27 Case 2:23-cv-02144 Document 1-1 Filed 03/20/23 Page 16 of 16 PageID #: 27...
  • Page 28 2/20/23, 10:52 AM Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 1 of 6 PageID #: 28 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov United States CONSUMER PRODUCT SAFETY COMMISSION Laceration Injuries Prompt SharkNinja to...

  • Page 29: New Instructions

    2/20/23, 10:52 AM Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 2 of 6 PageID #: 29 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov Name of Product: Ninja® BL660 series professional blender...
  • Page 30 Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 3 of 6 PageID #: 30 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov SharkNinja toll-free at (877) 593-5140 from 7 a.m. to 11 p.m. ET Monday through Saturday, 9 a.m.
  • Page 31 2/20/23, 10:52 AM Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 4 of 6 PageID #: 31 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov Recall Details In Conjunction With: Description: This recall involves 12 models of Ninja professional blenders with model numbers that start with BL 660, BL 663 or BL 665. ...
  • Page 32 Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 5 of 6 PageID #: 32 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov cups. All recalled models have a motor base that is gray, white, black, cinnamon, or platinum.
  • Page 33 2/20/23, 10:52 AM Case 2:23-cv-02144 Document 1-2 Filed 03/20/23 Page 6 of 6 PageID #: 33 Laceration Injuries Prompt SharkNinja to Recall Ninja BL660 Blenders to Provide New Warnings and Instructions | CPSC.gov Manufactured In: China Recall number: 16-034 https://www.cpsc.gov/Recalls/2016/Laceration-Injuries-Prompt-SharkNinja-to-Recall-Ninja-BL660-Blenders...
  • Page 34 Case 2:23-cv-02144 Document 1-3 Filed 03/20/23 Page 1 of 2 PageID #: 34 CIVIL COVER SHEET JS 44 (Rev. The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court.
  • Page 35 CERTIFICATION OF ARBITRATION ELIGIBILITY Case 2:23-cv-02144 Document 1-3 Filed 03/20/23 Page 2 of 2 PageID #: 35 Local Arbitration Rule 83. provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000, exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a certification to the contrary is filed.

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