A woman filed a lawsuit against Volkswagen in the U.S. District Court for the Western District of Washington after allegedly suffering from second-degree burns from her 2023 Tiguan’s seat heater.
While the judge dismissed the complaint about VW not warning passengers about a potential danger from the seat heater, the part of the lawsuit that alleges the seat heater was defective has been moved to trial.
The lawsuit highlights how plaintiff Emily LaPrade suffered burns without realizing it during the drive, as a car crash in 2014 had left her paralyzed below the hips.
The VW Tiguan’s owner’s manual clearly describes a burn warning for people who are insensitive to pain, while the plaintiff alleges a defect in the seat heater caused the temperature to exceed safe levels.
The Past Incident That Left the Plaintiff Insensitive to Pain
According to a report by Carcomplaints.com, the plaintiff was involved in a car crash on New Year’s Day 2014 that left her paralyzed below her T10 vertebra, meaning she could feel no pain below her hips.
She admitted to feeling only a tingling sensation from her T10 vertebra to her hips, “[l]ike if your arm went to sleep and then it was starting to wake up.”
Following the incident, the plaintiff was trained to be aware of her legs to ensure she would not injure herself or suffer any burns. She admitted that the medical staff was concerned that she might suffer injuries or burns and not realize it.
The plaintiff admitted to an incident that occurred in the past, where her skin was burned by a spill of hot liquid, and she had also developed pressure sores.
Plaintiff Spots Sores the Day After Using Seat Heater in Tiguan
On September 3, 2023, the plaintiff turned the seat heater on to the highest of the three settings while seated in the front passenger seat for nearly half an hour, before switching to the medium setting during a trip with her husband.
She was not aware of any burn caused to her legs until she returned home, where she noticed a blister on her buttocks. The next morning, the outer skin of the blister had peeled off.
Her lawsuit alleged that VW did not provide enough information beforehand, warning passengers about what the seat heater could potentially do when exposed to the highest temperature setting for a long time.
However, that claim was not accepted by the court. The judge found that the Tiguan owner’s manual did contain warnings about seat heaters. One particular warning even went on to state that the seat heater should not be turned on when the “seat is occupied by a person with a limited perception of pain or temperature.”
VW also warned under an orange header that “people who cannot perceive pain or temperature or who have a limited perception of these . . . could develop burns or undercooling on the back, buttocks, and legs when using seat heating . . . [p]eople with a limited perception of pain and/or temperature must never use the seat heating and seat ventilation functions.”
These warnings relate to the plaintiff’s condition, but she and her husband failed to notice the warnings in advance since they had not read the Tiguan owner’s manual. The manual stated:
“Anyone experiencing reduced sensitivity to pain or temperature due to medication, paralysis or chronic illness (e.g. diabetes) could sustain burns on the back, buttocks and legs when using the seat heating. These burns may take a long time to heal or may never heal fully. Please consult a doctor if you have questions about your own state of health. Anyone experiencing reduced sensitivity to pain or temperature should never use the seat heating.”
Plaintiff Alleges Defective Tiguan Seat Heaters
The lawsuit also alleged that the seat heater on the Tiguan was defective because it operated at extremely high temperatures that caused the plaintiff’s second-degree burns.
VW informed the judge that the seat heater was not defective, adding that it had not been deemed defective by the manufacturer or regulators. The automaker made its stance clear, stating that the plaintiff’s injuries were not caused by defects in the seat heater.
In addition, VW questioned the abilities of the expert who testified that the seat heater temperature was too high, saying he should not be making such claims if he is not qualified.
However, the judge ruled in favor of the plaintiff, allowing testimony from her expert based on his test results. The Tiguan seat heater design defect claim has now proceeded to trial.