Defective NINJA Brand Blender - Mother rushed in for emergency surgery

[blankandy]

What is the name of your state (only U.S. law)? Washington.

My mother was making a smoothy in a NINJA plastic blender. Apparently the blade had bent causing it to contact the side of the basin, shearing off multiple sharp shards of plastic. She found one of these shards while drinking the smoothy and promptly threw the smoothie and the blender away.

The problem was that she had already swallowed a piece. It remained in her stomach for over a week, as she starting getting worse and worse symptoms (sharp stomach pains, fever) until a major infection cased her to have an emergency CAT scan. They found the object and performed emergency surgery and removed the shard of plastic.

My question is: Is there legal recourse we can take to recoup the medical bills (which were VERY expensive) without much physical evidence besides the actual piece of plastic removed from her stomach?

Thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? Washington.

My mother was making a smoothy in a NINJA plastic blender. Apparently the blade had bent causing it to contact the side of the basin, shearing off multiple sharp shards of plastic. She found one of these shards while drinking the smoothy and promptly threw the smoothie and the blender away.

The problem was that she had already swallowed a piece. It remained in her stomach for over a week, as she starting getting worse and worse symptoms (sharp stomach pains, fever) until a major infection cased her to have an emergency CAT scan. They found the object and performed emergency surgery and removed the shard of plastic.

My question is: Is there legal recourse we can take to recoup the medical bills (which were VERY expensive) without much physical evidence besides the actual piece of plastic removed from her stomach?

Thanks!

How did the blade get bent?

 

[quincy]

One SharkNinja blender, the Ninja BL660 blender, has been recalled due to a safety defect ... but not for the reason you say was the cause of your mother's injury.

Here is information on, and reason for, the recall, from the US Consumer Product Safety Commission: http://www.cpsc.gov/en/Recalls/2016/Laceration-Injuries-Prompt-SharkNinja-to-Recall-Ninja-BL660-Blenders/#remedy

The link provides information on how to report a dangerous product so, if nothing else, your mother might want to consider reporting the problem she had with her blender.

The answer to Zigner's question could help determine if there is any legal action available to take. If products are used contrary to a manufacturer's instructions, the manufacturer is less likely to be found at fault or found at fault for injuries resulting from the product's misuse and/or abuse by a consumer.

 

[justalayman]

If she no longer has the blender the chances of winning any suit are nil. So there is a piece of plastic. Even if you could prove it was from a Ninja blender cup you have nothing to prove anything involving the blender was the cause of the creation of the plastic shard.

 

[Zigner]

If she no longer has the blender the chances of winning any suit are nil. So there is a piece of plastic. Even if you could prove it was from a Ninja blender cup you have nothing to prove anything involving the blender was the cause of the creation of the plastic shard.

That's a good point. In fact, one is left to wonder why someone would throw away the entire blender because an easily replaced part was damaged. It's kind of like junking your car because you've got a flat tire.



ETA: Yes, I understand that some folks have cars that are in such bad shape that replacing a tire would cause the car to be totaled.

 

[tranquility]

Product liability generally (very, very generally) falls into one of three categories. Manufacturing defect, design defect, and lack of adequate warnings. The instructions will have many appropriate warnings for the problem including something like don't use the product if the blade is bent or damaged. I suspect that leg of the three will not be found to be the cause.

Design defect gets to basic design of the product that makes it unreasonably dangerous. (Depending on the use, value and cost of the product--among other things.) Think the Japanese airbags that keep going off (or not) unreasonably when the vehicle is in certain environments. The product is produced correctly according to specifications and, even then, the product causes unexpected damages. While I don't think that the case here, it would depend on the usage facts.

Finally there is manufacturing defect. That is, there in negligence in the production of the product. That might be something like contaminated food. We know the food is not designed to be tainted and the reason it is is because of a mistake on the part of the producer. (Expectations are the key both through facts and through warnings.) Making steak tartare at home from pre-made patties bought from the bodega down the street and you're going to have a bad time. Just saying. We are instructed through any of a number of methods that we should cook meat to a certain temperature. (Chicken is even worse. No U.S. chicken "sashimi" unless it is on your bucket list.)

So, that is the theory. What is your reality?

You have two problems. One is how the problem came about. The other has to do with mitigation of damages. (Mitigation of damages deals with the fact that once you know you have a problem, you have to act reasonably.)

I could opine on how drinking something from a machine that had some malfunction is unreasonable; but will not. It all depends on what happened exactly. Since you have some damages (aka a LOT of damages) it wouldn't hurt to look for someone to see if they will represent you. Emergency surgery? (And all the associated costs.) If there is something there, a product liability attorney would jump at the chance to deal with the situation. In my gut, I think you don't have a suit that should be prosecuted. But, I don't know all the facts. Nor am I a hungry lawyer that is currently thinking about how to put my child through college. Look for an attorney. Don't pay anything up front. Only pay on contingency. That is the advice you need.

 

[TigerD]

Don't they advertise those things by blending 2x4s and tin cans?
Can you misuse a blender advertised in such fashion?

TD

 

[tranquility]

Don't they advertise those things by blending 2x4s and tin cans?
Can you misuse a blender advertised in such fashion?

TD

Not when you read the instructions.

As to if the advertisement or the specific information in the "warnings" rules, is the thing for courts.

 

[quincy]

Don't they advertise those things by blending 2x4s and tin cans?
Can you misuse a blender advertised in such fashion?

TD

I think you could be thinking of the "Blendtec" blender advertisements, which show the blender chopping up various and assorted non-food items ... although it is possible Ninja hired the same advertising agency as Blendtec (as could have Ginsu).

I believe Ninja claims to have blenders with the sharpest of all blades, though ... which could be why the blender-blades are causing laceration injuries, prompting the recall.

It does seem like it would be more of a challenge for a company to show a consumer misused or abused a product when the product is shown misused and abused in their TV ads, though.