I have a ninja master prep i was seriously injured using. Can I sue?
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I have a ninja master prep i was seriously injured using. Can I sue?
This machine will only go together one way and come apart one way. I had already went through one and bought another. I was very familiar with the machine. One Saturday I went to chop me some ice and after I was done I stopped the motor and waited for blades to quit turning but when I went to pick up motor off top so I could remove lid and blades the motor, lid blades everything came off because the blades had jumped off track and got hung up in the motor which untwisted the lid and kept the motor to where with the slip of a finger start back up. It almost severed three of my fingers. I had to have surgery to fix the blood vessels, ligaments tendons and saw up each finger then required a second surgery on my middle finger where the surgeon had to make me a whole new ligament so I could move it. I still do not have full feeling and function in my pointer finger.
Asked on March 9, 2016 under Personal Injury, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Both the manufacturer and seller of the blender/chopper are liable for your injuries.
The manufacturer is liable for negligence which is the duty to exercise due care to produce a product that is not defective. The seller of the product (store where you purchased the product) is liable even if it could not have known the product was defective.
The manufacturer and seller are also liable for strict liability which is liability whether or not due care was exercised.
Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the manufacturer and seller. Notify both insurance carriers in writing that you will be filing a personal injury claim. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the insurance carriers for both the manufacturer and seller should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with both insurance carriers (manufacturer and seller) , NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence and strict liability which are separate causes of action (claims) in your lawsuit.
If the case is settled with one but not both insurance carriers, only name the party with whom the case has NOT settled as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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