Doctors are warning that heated car seats may be leaving people permanently scarred due to what they are calling “Toasted Skin Syndrome.” That could make for an interesting class action products liability lawsuit.
Doctors are reporting that they are seeing a rash associated with prolonged exposure to heated seats that average 105 degrees. This is particularly the case in long trips that can leave the skin permanently tinted.
That would make for an interesting torts lawsuit. This would be viewed under the consumer expectations test (Restatement Second 402A) as more dangerous than the expectations of the ordinary consumer as the basis for strict liability as a design defect. There is also the absence of any warning on the results of prolonged exposure. The question is the need for such a high temperature — a seat version of the McDonald’s coffee case. There could also be a design that turns off the seat automatically to avoid prolonged exposure.
The damages for such liability would be interesting. What are the damages for a toasted bun that most people do not see — beyond thong wearers.
What do you think?