Walmart Heating Pad Lawsuit Alleges Device Malfunction Led to Third Degree Burns

Complaint alleges a defective heating pad was sold by the retailer, despite prior reports that suggested hundreds of users may have suffered severe burn injuries from similar devices.

A Georgia couple has filed a product liability lawsuit alleging that a heating pad sold by Walmart malfunctioned during normal use, causing catastrophic third-degree burn injuries that required extensive medical treatment and skin graft surgery.

The complaint (PDF) was brought by Kimberly Barrett and her husband, Bennie Barrett, in the U.S. District Court for the Western District of Arkansas on January 21, naming Walmart Inc. and other unnamed entities as defendants.

Heating pads are widely used to relieve muscle soreness, joint pain and stiffness by increasing blood flow and relaxing tissue through gentle, localized warmth. When they function properly, they can be a helpful tool for managing everyday aches and chronic discomfort.

However, if a heating pad overheats, lacks adequate temperature controls or suffers an electrical failure, it can pose serious risks. Malfunctions may expose users to excessive heat capable of causing deep skin burns, nerve damage or tissue injury, sometimes without immediate pain that would prompt a person to move the device.

The Barretts’ complaint follows a broader pattern seen in other consumer product injury cases, where everyday household items are alleged to have failed during normal use and led to serious harm. Similar heating pad lawsuits, tabletop fire pit lawsuits and heated insole burn injury lawsuits have been filed against major retailers, including Amazon, over products accused of overheating, igniting or causing severe burn injuries.

According to the Barretts’ lawsuit, Kimberly Barrett was using a heating pad purchased at Walmart on her left calf while resting in her home in Austell, Georgia, in January 2023, when the device catastrophically failed without warning.

The complaint indicates that Kimberly suffered third-degree burns as a result of this malfunction, which required multiple hospitalizations, including surgery where healthy skin was removed from her hip and grafted onto her damaged leg. Medical expenses related to the injuries are alleged to have already exceeded $250,000, with additional treatment expected.

The Barretts claim that the heating pad was defectively designed and manufactured, allowing it to reach temperatures far above what is considered safe for consumer use. The filing points out that the device may have exceeded temperature limits established by the U.S. Food and Drug Administration (FDA), which restrict heating pads to a maximum of 109 degrees Fahrenheit.

Defective Heating Pad Allegations

The lawsuit contends that the heating pad was capable of reaching temperatures of at least 150 degrees or higher, a level that can cause deep tissue damage and third-degree burns without the user immediately realizing the severity of the injury.

Furthermore, the complaint alleges that defendants knew or should have known about the dangers posed by the heating pad, citing claims that hundreds or even thousands of users had previously suffered thermal injuries from similar devices. Despite this alleged knowledge, the Barretts claim that the Walmart heating pad continued to be marketed and sold without adequate warnings or safeguards.

The lawsuit further alleges the heating pad lacked adequate warnings about the dangers of prolonged use, overheating and severe burns, and that the instructions failed to clearly explain how quickly serious injuries could occur or provide meaningful guidance on safe time and temperature limits.

The Barretts also assert that reasonable consumers would not expect a heating pad marketed for pain relief to pose a risk of severe and permanent injury when used as directed, and that the product failed to perform safely under normal and foreseeable conditions.

“Defendants acted despicably and with a conscious disregard for the safety of others by willfully and deliberately failing to warn of the high temperatures reached by Subject Heating Pad which were far in excess of FDA regulations, despite knowing of the probable harmful consequences to users, including Plaintiff, of suffering severe and permanent third-degree burn injuries.”

— Kimberly Barrett et al v. Walmart Inc. et al

The complaint raises allegations of strict product liability, negligence and loss of consortium. It seeks punitive damages, as well as compensation for past and future medical expenses, lost wages and diminished earning capacity.

Amazon Heating Pad Settlement

Similar allegations have been raised in lawsuits filed against Amazon in recent months, with an Amazon heating pad settlement reached in one case late last year, resolving claims brought by Khadija Karim before trial was set to begin.

Karim alleged that she had suffered second-degree burns when a heating pad sold through Amazon’s platform overheated and became impossible to remove during use. She asserted claims of strict product liability, negligence and breach of the implied warranty of merchantability, while seeking damages for her injuries and related losses.

On December 17, 2025, Amazon and Karim notified the court that they had reached a confidential settlement resolving all claims. Under the notice filed with the court, each side agreed to bear its own costs and attorneys’ fees, while indicating that they were finalizing dismissal paperwork in accordance with the court’s procedures.

Heated Insole Lawsuits

In addition to concerns about heating pads, other thermal devices sold through various retailers have been coming under increased scrutiny, as a series of heated insole lawsuits have been brought against distributors and manufacturers of those kinds of products.

Heated insoles, also known as foot warmers, are battery-powered inserts designed to fit inside shoes and generate warmth through internal heating elements. Most models offer adjustable temperature settings, which may be controlled by buttons or, in some cases, a mobile app.

However, a number of burn injuries linked to these kinds of products have been reported in recent months. As a result, product liability lawyers are now investigating claims for individuals nationwide who purchased heated insoles, foot warmers or electric socks, and experienced any of the following:

• Burns to the feet or toes
• Heated insole overheating, igniting or catching fire during normal use
• Emergency medical treatment or hospitalization for burn injuries
• Surgery or skin grafts related to foot burns
• Ongoing pain, scarring or mobility limitations

These lawsuits seek to hold manufacturers and distributors, such as Amazon and Walmart, responsible for placing allegedly dangerous products into the marketplace without adequate safety testing or warnings. 

Sign up for more legal news that could affect you or your family.