The NutriBullet blender has hit the news for all the wrong reasons. While it is advertised as high-speed and versatile equipment boasting of some of the best technology in blending foods, this device is currently facing a class-action lawsuit for failure to warn users of its potential to explode without warning. We can help you file a class-action lawsuit if the purchase and use of the NutriBullet Blender/ Magic bullet blender have caused you cuts, burns, or other forms of injury.
Capital Brands, LLC manufacture this device, and you can find it readily available in major online and land-based stores. Currently, it faces many lawsuits, the most significant being filed in South and North California. The court filings in place accuse the manufacturer of this machine of failing to adhere to the federal and state consumer protection laws. Dozens of cases pending against the manufacturer want the brand to warn its blender users of its potential dangers.
The True Danger of Using the Nutribullet Blender
While it is true that Capital Brands, LLC is well-known for its top-quality, unique, versatile, and affordable products, we cannot refute the fact that the NutriBullet blender is far from perfect. According to a decent number of consumers, the company is making profits from a potentially dangerous product that poses the risk of exploding.
On the other hand, the company claims that NutriBullet is committed to the safety of its users. After all, millions of consumers use their equipment to blend smoothies from nuts, vegetables, and fruits each day. The problem arises when the product is not used as instructed.
Some of the blender models available from the brand include:
- The NutriBullet Original
- NutriBullet Pro 900 Series
- NutriBullet Rx
- NutriBullet Balance
There are NutriBullet class-action lawsuits and NutriBullet individual lawsuits filed against the company because of the dangers allegedly posed by the blenders. Pressure buildup causes the canister and base to separate during operation. This blender's contents explode, and the machine's components detach, leaving the user's fingers and hands at risk of lacerations and cuts, and more. In severe cases, claimants have suffered serious nerve damage to injured areas.
General Info about Ongoing Nutribullet Lawsuit Claims
Lawsuits against NutriBullet Blender/ Magic bullet blender are growing by the day. According to plaintiffs, the machine's canister pressurizes without notice to a point where its components separate, and it spews its contents around a sizable radius. Even when making cold smoothies, heat from the fast-moving blades can trigger an explosion.
Some people have indeed used the NutriBullet blender safely. However, this does not close out that consumers are still at risk of suffering injuries and damages at any point when using the machine. Once the blender explodes because of the buildup pressure, its blades are sent out flying. Anyone within proximity to the machine may end up nursing major injuries.
According to the most recent lawsuit filings, NutriBullet has not issued any recall. This is an unfortunate turn of events, even in light of the growing cases of their device exploding and hurting consumers. One of the most serious cases reported is a woman who suffered 2nd-degree chest burns and 1st-degree burns on the arms and fingers. Simply using the blender for less than one minute has thus far resulted in nearly $6000 in medical costs.
Even with such severe cases, Capital Brands LLC maintains that its product's safety is out of the question. The company suggests that injuries only occur if the NutriBullet blender is misused. Complaints from consumers tell an entirely different story even as they enjoy profits while blaming NutriBullet blender users for their injuries.
Understanding What A Class Action Lawsuit Is and How It Works
Class action lawsuits encompass more than just defective drugs and medical devices. They also come to play in device injury cases where a person or group of plaintiffs act on behalf of other injured consumers. Once you make a move to file a complaint with the state or the federal courts, class representatives (lead plaintiffs) request a class action approval.
It would be beneficial to work with a reliable attorney because it is not guaranteed that the courts certify a class action case. Once your lawyer takes over, he or she will be responsible for notifying class members of a case's progress. If the courts approve a settlement, class members can submit their claim and receive a fraction of the compensation if certain eligibility requirements are met.
One of the downsides of a class action is that each member, irrespective of the level of injuries suffered, gets the same compensation amount. Therefore, it is imperative to consider filing an individual lawsuit if you have suffered major injuries after purchasing and using the NutriBullet Blender or Magic Bullet Blender. We can lend a hand with both types of cases. If you are filing an individual lawsuit, your case may be part of a multidistrict litigation (MDL).
What Is Multidistrict Litigation (MDL) And How Does It Work?
A defective device like the NutriBullet Blender can easily clog courts across the country with personal injury claims. To increase efficiency, the courts could assign one judge to oversee cases. This process is known as multidistrict litigation (MDL).
Difference between Class Action and MDL
There are certain key differences between MDL and class action lawsuits. While class action lawsuits are one case with several claimants, an MDL remains a separate case where the claimant does not get the same settlement as class action members. While the courts may decide to consolidate similar cases into a class action, certain cases are transferred to an MDL.
MDL cases are grouped if they are seen to have the same legal issues and facts. This allows a single judge to oversee them during each process of a lawsuit, including discovery, pre-trial hearing, trial, and settlement. By consolidating the cases, the court can address a common problem that affects numerous people in one sitting.
Depending on the turn of events during the pre-trial, a company may decide to settle MDL cases. As a plaintiff, you can choose whether to accept the settlement or decline it. We will fight for your rights and best interests each step of the way and guide you on the best way forward. If you have suffered extensive injuries that require multiple surgeries and future medical expenses, don't attempt to represent yourself. One invaluable benefit of seeking our services is that we can help ensure you are eligible for compensation equivalent to your level of injuries, pain, and suffering.
The Basics of a Class Action Lawsuit
Through class-action lawsuits, similarly-situated claimants can sue a company or service provider in one judicial forum. One lawsuit could have tens, hundreds, or even thousands of claimants. This means that class action lawsuits ensure the efficiency of the adjudicatory process and judicial economy. They also promote fairness to each of the participating claimants.
Finding a proficient lawyer to represent you in a class-action lawsuit is not as simple as many may assume. Representing a class of persons nursing similar hurts is not just challenging, but there are also stringent legal requirements under Federal Rule of Civil Procedure 23 that must be met.
For the courts to certify a class-action lawsuit, 4 basics must be satisfied. They include:
- Adequacy of representation
For a case to proceed, plaintiffs need to do much more than plead meeting these requirements. The Supreme Court performs a thorough analysis to confirm that each of these requirements is met.
The selected class representatives should have the same interests as the class members. This means that the representatives' injuries should not be so different from those of other class members.
For class representatives to satisfy the typicality standard, they are expected to demonstrate a sufficient link between their claims and the claims of other class members. After all, a claim is assumed to have risen from a similar defect (course of conduct), and therefore claims from class members share a similar legal theory.
Contrary to common assumption, numerosity doesn't solely focus on the number of people in a class. Even though a class with less than twenty members is considered insufficiently numerous, the courts also seek to evaluate if the groups of people suing make regular lawsuits impractical.
If it is practical to file a lawsuit as a regular civil action, it makes no point to bother with a class action. Some of the aspects considered before deciding the best way forward include:
- Number of individual claims
- The complexity of each claim
- The relief sought by different class members
- How easy or challenging it is to locate class members
- Whether it is practical for each plaintiff to initiate a separate action
For the commonality requirement to be met, class members must have common questions of fact or law. While all their questions of fact and law don't need to be similar, it is vital to demonstrate at least one question of fact and law common across the class. A modest degree of factual differences cannot affect the chances of class members certifying the commonality requirement.
In this case, class members need to demonstrate that their claims are similar, and they arose from a common issue—explosive NutriBullet Blender or Magic Bullet Blender. The outcome of the explosion caused common injuries such as cuts and burns. Plaintiffs who suffer more extensive injuries and need more compensation may need to file individual lawsuits.
Adequacy of Representation
For the courts to certify a class-action lawsuit, the class representatives must demonstrate that they can adequately and fairly represent class members' best interests, even in their absence. Any conflicts between the interests of the class members and the representatives can easily jeopardize the odds of a class action being certified by the court. Class representatives can demonstrate the adequacy of representation by:
- Showing injuries similar to those of class members
- Ensuring any disagreements between them and class members are ironed out timely
- Hiring an attorney capable of representing the entire class competently and skillfully
Upon certification of a class, at least one more reason for the case to be brought to court as a class action and not several individual cases should be demonstrated. This is yet another requirement under Rule 23(b). This may include reasons like:
- Separate actions may risk inconsistencies in adjudications
- Common questions of fact and law outweigh the claims of individual class members
- A class-action lawsuit is more practical or superior to other systems of adjudication
If a class action is certified and in progress, the lawyer representing the case will notify each member through mail about their rights and the lawsuit's progress. You could opt to:
- Remain an inactive member of the class
- Check out of the class (stop becoming a class member)
- Hire a personal lawyer to represent you during class action proceedings
If you opt to remain in the class and do nothing, you will still share the settlement or judgment earned by the class action lawsuit. This will. However, bound you to whatever outcome the class action enjoys. Checking out of the class will, on the other hand, mean that you will not receive any settlement even if a class action lawsuit wins. In case you opt to enlist a personal lawyer, the duty of the expert will be to ensure that the lawsuit proceeds fairly and in a manner that is advantageous to the class members.
A Look at What Happens Once You File a Lawsuit
There are various phases of a lawsuit, although all cases end up in trial or settlement. Once you approach us with a case and start filing a complaint, the defendant (NutriBullet Blender) will formulate a response, and the litigation process will begin officially.
Typically, each state has unique product liability laws that dictate the statute of limitations. We will affirm that you stay within the legal deadlines of filing a case. In most states, the set time limit is from when a plaintiff is injured or realizes that are product is defective and potentially dangerous.
Here are the phases that follow after filing a case:
Numerous records change hands between the plaintiffs and the defendant during this phase of a lawsuit. As a victim of a flawed product, you will want to know whether Capital Brands, LLC knows about the flaws of the NutriBullet Blender/ Magic bullet blender. The discovery process involves:
These are one on one interviews conducted out of court but under oath. Again, it would help if you had a skilled attorney to represent you because of the complexities involved. The lawyers of the company you are suing can defend or even oppose the questions you raise. Additionally, all statements given during this process can be used during the trial.
This is a Q&A phase where questions are written down and sent to either party. Generally, the defendant's questionnaire to the plaintiff will seek details about a case and seek information about the list of witnesses, relevant documents, and expert testimonials. We will communicate with you in-depth before preparing the answers.
Inspection of Documents
Plaintiffs are entitled to look at documents such as emails and design drawings allied with the case. As well, the defendant could request to inspect certain items or documents in possession of the plaintiff.
Requests for admissions
These are written documents requesting either party to deny or admit a case. For instance, Capital Brands, LLC may request you to admit or deny that your injuries were caused by the defective design of the NutriBullet Blender or Magic Bullet Blender. A request for admission could also involve simple questions such as" is the defective NutriBullet Blender a product of Capital Brands, LLC?"
As the discovery is in progress, both parties can write and submit motions to the court. Motions may contain requests or legal arguments. It is common for the defendant to, at this point, file a motion for summary judgment, requesting the court to dismiss a case for its lack of disputed facts.
If solid facts against a defendant are unveiled during the discovery phase, a settlement may be offered. It is typical for product liability claims to end in settlement, making it unnecessary for a case to proceed to trial. In this case, both parties should attend a settlement conference overseen by mediators and judges.
If settling is impossible, then a case proceeds to trial. The multidistrict litigation groups and the defendant need to agree to bellwether trials (trial tests) to assess the possible reaction of a jury to the information presented. If all goes well for the victims, the defendant may agree to make blanket settlements and close the case. Failure to this, the courts have to schedule more trials.
The trial phase has different segments, which include:
- Jury selection
- Defendant's case
- Plaintiff's case
- Jury deliberations
- Jury instructions
- Closing arguments
Depending on complexities revolving around a case, a trial could take three or more weeks once a lawsuit is presented before a jury.
A case is a few steps far from being resolved even after the jury delivers the verdict. Both parties may:
- Request the judge to do away with the verdict and schedule a new trial
- File an appeal
- Agree to settle the case
- Offer settlement (defendant) based on the amount stated in the jury's verdict
In any personal injury case, including class action lawsuits, the plaintiff(s) can present a case in court without hiring an attorney. Doing so is certainly not a smart move, especially if you lack an in-depth understanding of the court requirements and the ever-changing product liability laws. A device company is expected to request a new trial or appeal if they lose in the initial lawsuit. Such dodgy behavior only increases the time victims have to wait before justice is served. We can help better your chances of obtaining the settlement you deserve without major or unnecessary delays.
How Long Does The Lawsuit Process Take?
Product liability lawsuits can take several years. With all the steps involved and facts tabled on each phase, dealing with this kind of a legal tussle can be both time-consuming and emotionally draining. Fortunately, a case can be resolved faster if it doesn't go to trial because the defendant agrees to make a settlement.
If a case proceeds to trial and a jury delivers a verdict, it is common for the defendant to file an appeal if they lose. This also makes the plaintiffs legally entitled to appealing the appeal, meaning more time will be needed to resolve a case.
What Damages Can You Recover?
If you have suffered injuries after using defective merchandise, filing a class-action lawsuit can help you obtain the compensation you deserve. You are eligible for damages that cover:
- Medical expenses
- Lost wages
- Emotional anguish
- Pain and suffering
Our work is to ensure you have the best chances of receiving the highest possible amount of compensation. After all, the main aim of filing a lawsuit is to get financial gain meant to ensure you recover fully after injury and get your life back on track.
Compensatory damages can be divided into 2 main categories, namely general and actual damages. Actual damages compensate for calculable medical costs and financial losses. On the other hand, general damages provide compensation for incalculable losses such as mental anguish, pain, suffering, loss of consortium, future lost wages, and even loss of life enjoyment.
Consumer Alert Now - Nutribullet Blender/Magic Bullet Blender Near Me
If you have suffered injuries after purchasing and using the Nutribullet Blender/Magic Bullet Blender, it is within your rights to file a product liability lawsuit. Depending on the extent of your injuries, you may file a lawsuit alone or as a class action. Either way, we can lend a hand and fight to ensure you receive the compensation you deserve. Call Consumer Alert Now at 800-511-0747 for a free consultation with an experienced product liability lawyer. We have a sure track record in the field and will strive to bring home a favorable outcome.