Apple AirPods Lawsuit Alleges Product Ruptured Teen’s Eardrum

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Apple AirPods Earbuds Lawsuit Overview: 

• Who: Parents of a teenage boy in Texas are suing Apple Inc. and the manufacturer of its AirPods earbuds. 
• Why: They say the boy suffered permanent hearing loss when an Amber Alert came through on his phone and the loud sound “ripped open” his eardrum.
• Where: The case was filed in California federal court.

Parents of a teenage boy in Texas have slammed Apple with a lawsuit alleging the boy will have to use a hearing aid for the rest of his life due to a defect in its AirPods product that caused him permanent hearing damage.

Carlos Gordoa and Ariani Reyes filed the lawsuit against Apple, Inc. and the AirPods manufacturer May 16 in a California federal court, alleging violations of local and federal consumer laws. 

The parents claim their son wore defective Apple AirPods operating at a low volume when “ear-shattering sound levels” from an Amber Alert came through them, ripping open his right eardrum and damaging his cochlea.

The incident has caused the boy to suffer from tinnitus, significant and permanent hearing loss, other temporary or permanent injuries, pain, suffering and disabilities leading to the loss of the pleasures of life, the lawsuit alleges.

It also claims the boy must now use a hearing aid for the rest of his life.

Apple AirPods Do Not Automatically Reduce Loud Volumes, Lawsuit Alleges

The lawsuit, which also names Luxshare-IDT Inc., which imports the AirPods for Apple, and Luxshare Precision Industry Co. Ltd., which manufactures them, alleges that Apple and Luxshare know that the earbuds are dangerously defective but have done nothing about it.

According to the lawsuit, the AirPods are defective because they do not automatically reduce, control, limit or increment notification or alert volumes to a safe level.

The complaint points to several online posts of users complaining that they received alerts that were played at full volume through their AirPods despite having lowered the overall volume of the devices.

The companies have been negligent in not advising customers of the risks, the lawsuit states.

The complaint includes claims for negligence, strict liability design defect, manufacturing defect and failure to warn, gross negligence, breach of implied warranty, fraud by non-disclosure and negligent infliction of emotional distress.

The family seeks damages for the boy’s pain and suffering, disability, mental anguish and future medical expenses.

While the company is not currently facing a class action over the allegedly defective AirPods, Top Class Actions follows lawsuits closely as they sometimes result in class action lawsuits.

In April, a court granted final approval for Apple to pay $95 million to resolve an AppleCare lawsuit claiming it provided remanufactured Apple products as replacement devices.

Have you had an overly loud sound come through your Apple AirPods? Let us know in the comments! 

The family is represented by Richard T. Collins of Callahan & Blaine APLC and Tej Paranjpe and Robert Horn of Paranjpe Mahadass Ruemke LLP.

The Apple AirPods Earbuds Lawsuit is Gordoa et al. v. Apple Inc. et al., Case No. 3:22-cv-02900, in the U.S. District Court for the Northern District of California.

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