If you or a loved one experienced complications due to AirPods-related hearing loss, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective consumer products. Our experienced legal team is here to guide you through the process and fight for the justice you deserve.
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Table Of Contents
- AirPods Hearing Loss Lawsuit Overview
- Latest AirPods Hearing Loss Lawsuit Updates
- Reports and Statistics on AirPods Hearing Loss
- AirPods Hearing Risks & Safety Concerns
- Do You Qualify for an AirPods Hearing Loss Lawsuit?
- AirPods Recall Information
- Statute of Limitations for AirPods Hearing Loss Lawsuits
- FAQs
- 1. How Do I Prove That AirPods Caused My Hearing Loss?
- 2. What Are The Long-Term Consequences Of Hearing Loss Due To AirPods?
- 3. Can I Still File A Lawsuit If I No Longer Use AirPods?
- 4. What types of hearing damage can qualify for an AirPods lawsuit?
- 5. Is Apple liable if I was using AirPods at high volumes voluntarily?
- 6. Will my case go to trial?
- 7. Can I join a class action lawsuit for AirPods hearing damage?
- 8. How much does it cost to file an AirPods hearing loss lawsuit?
- 9. How long will an AirPods hearing loss lawsuit take?
- 10. What should I do if I experience loud alerts through my AirPods?
- Take Action Now: Time-Sensitive Legal Claims
AirPods Hearing Loss Lawsuit Overview
The AirPods Hearing Loss lawsuit centers on allegations that Apple’s wireless earbuds can produce dangerously loud sound levels, potentially causing permanent hearing damage to users.
A products liability lawsuit was filed against Apple Inc. by the family of a child who allegedly suffered permanent hearing loss caused by the company’s AirPod wireless earbuds.
The case specifically involves a 12-year-old boy who experienced an “ear shattering” sound from an Amber Alert while wearing AirPods, resulting in ruptured eardrums, permanent hearing loss, and tinnitus.
The lawsuit claims that Apple was aware of complaints about extremely loud alerts through AirPods dating back to 2019, yet failed to fix the issue or adequately warn consumers. The case also names Luxshare-IDT Inc. and Luxshare Precision Industry Co. Ltd., which import and manufacture AirPods for Apple, as defendants.
In addition, Apple faces a separate class action lawsuit regarding defects in AirPods Max that allegedly cause condensation to accumulate inside the ear cups, leading to performance issues.
Latest AirPods Hearing Loss Lawsuit Updates
July 11, 2024 – The Products Liability Litigation Group at Schmidt & Clark, LLP is actively accepting new personal injury cases nationwide related to hearing loss and other ear damage allegedly caused by Apple AirPods.
May 2022 – The AirPods lawsuit (Gordoa v. Apple Inc et al, U.S. District Court, Northern District of California, No. 3:22-cv-02900) was filed in Federal Court in San Jose, California, by Plaintiffs Carlos Gordoa and Ariani Reyes on behalf of their son, known in court documents as “B.G.,” who was 12 years old at the time of the incident.
2021 – A class action lawsuit (Keeley, et al. v. Apple, Inc.) was filed against Apple in California regarding defects in AirPods Max headphones that allegedly cause condensation to accumulate inside the ear cups after only a few hours of normal use.
Reports and Statistics on AirPods Hearing Loss
While comprehensive statistical data specific to AirPods-related hearing damage is limited, the lawsuit and related information highlight several concerning aspects:
- Online complaints dating back to 2019 document users reporting that AirPods play alerts at dangerously high volumes regardless of the user’s chosen volume setting
- The World Health Organization warns that exposure to sounds at volumes above 85 decibels for extended periods can cause hearing damage [1]
- According to the lawsuit, Apple has received numerous complaints about excessively loud Amber Alerts through AirPods [2]
- Internet reports consistently describe the Amber Alert sound as “very loud” when played through AirPods, even when earphones are set at a reasonable volume
The lawsuit specifically claims that Apple and Luxshare were aware that AirPods played extremely loud alerts based on online complaints dating back to 2019, yet failed to address the issue or warn consumers about the risk.
For the AirPods Max lawsuit, despite multiple complaints by owners, Apple allegedly has not publicly acknowledged the defect or attempted to fix it, and refuses to address the issue even within the one-year warranty period.
AirPods Hearing Risks & Safety Concerns
AirPods users face several potential risks related to hearing damage and other ear-related injuries. Based on complaints and allegations in the lawsuits, these concerns include:
- Unexpected Volume Spikes: Amber Alerts and other system notifications can produce extremely loud sounds without warning, potentially causing immediate hearing damage
- Eardrum Rupture: As demonstrated in the B.G. case, sudden loud sounds through AirPods can potentially rupture eardrums
- Permanent Hearing Loss: Extended exposure to high-volume audio or sudden loud sounds can cause irreversible hearing damage
- Tinnitus: Persistent ringing in the ears that can significantly impact quality of life
- Inadequate Volume Controls: Reports indicate that system alerts may bypass user-set volume limits, creating unpredictable risks
In the case of AirPods Max, additional concerns include:
- Condensation Buildup: Moisture accumulation inside the ear cups
- Performance Issues: Degraded or no sound in one or both ear cups
- Ear Detection Failures: Failure to properly detect when the headphones are being worn
- Noise Cancellation Malfunctions: Compromised noise cancellation functionality
Do You Qualify for an AirPods Hearing Loss Lawsuit?
You may qualify for an AirPods hearing loss lawsuit if:
- You or a loved one used Apple AirPods and suffered hearing loss, tinnitus, or other ear damage
- The hearing damage occurred after using AirPods, particularly following a loud alert or notification
- You have medical documentation of your hearing loss or ear damage
- You sought medical attention for your hearing-related injuries
- You can demonstrate a connection between your AirPods use and your hearing damage
For AirPods Max users, you may qualify if you experienced condensation issues and performance problems with your headphones and Apple refused to address the problem or provide compensation.
The Products Liability Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focus on the representation of plaintiffs in AirPods Hearing Loss Lawsuits. They are handling individual litigation nationwide and currently accepting new personal injury cases in all 50 states.
Evidence Required for an AirPods Hearing Loss Lawsuit
To prove that AirPods caused your hearing loss, you will need to gather:
- Medical records documenting your condition
- Evidence of AirPods use (purchase receipts, photos, etc.)
- Audiology reports confirming hearing damage
- Expert testimony linking your hearing damage to the product
- Timeline of events showing correlation between AirPods use and hearing loss
- Documentation of any complaints you filed with Apple
- Any communication with Apple regarding your injuries
Damages You Can Recover
If successful in an AirPods hearing loss lawsuit, you may be entitled to compensation for:
- Medical expenses for treatments, hearing aids, and ongoing care
- Future medical costs related to your hearing damage
- Lost wages if your hearing loss affected your ability to work
- Pain and suffering from the physical and emotional impact of hearing loss
- Disability compensation for permanent hearing impairment
- Reduced quality of life due to hearing damage
- Punitive damages if the manufacturer is found to have acted with gross negligence
The Gordoa lawsuit specifically seeks damages for B.G.’s pain and suffering, disability, mental anguish, and future medical expenses, as well as punitive damages.
Related Article: 3M Earplug Lawsuit
AirPods Recall Information
As of the latest available information, Apple has not issued a formal recall of any AirPods models related to hearing damage concerns or the issues described in the lawsuits. Despite complaints, Apple has not publicly acknowledged defects in either regular AirPods (related to alert volume) or AirPods Max (related to condensation).
Consumers should stay informed about potential future recalls by checking the Consumer Product Safety Commission (CPSC) website or Apple’s official support channels.
Statute of Limitations for AirPods Hearing Loss Lawsuits
The time limit for filing an AirPods hearing loss lawsuit varies by state, typically ranging from 1-3 years from the date of injury or discovery of the injury.
Some states follow the “discovery rule,” which means the statute of limitations begins when you discovered (or reasonably should have discovered) that your hearing damage was caused by AirPods.
Given these variations, it’s crucial to consult with an attorney as soon as possible after experiencing hearing damage potentially related to AirPods use to ensure your claim is filed within the applicable timeframe.
See the other product liability lawsuits we’ve covered.
FAQs
1. How Do I Prove That AirPods Caused My Hearing Loss?
To prove that AirPods caused your hearing loss, you will need medical records documenting your condition, evidence of AirPods use, and potentially expert testimony linking your hearing damage to the product. Audiology reports and personal statements may also be helpful in establishing the connection between your AirPods use and your hearing damage.
2. What Are The Long-Term Consequences Of Hearing Loss Due To AirPods?
Long-term consequences of hearing loss due to AirPods can include permanent hearing impairment, the need for hearing aids, difficulty in communication, and a reduced quality of life. These impacts can affect both personal and professional aspects of life, potentially leading to social isolation, depression, and career limitations.
3. Can I Still File A Lawsuit If I No Longer Use AirPods?
Yes, you can still file a lawsuit if you no longer use AirPods, as long as you can demonstrate that your hearing loss or damage was caused by their use. It is important to have documented evidence and medical records to support your claim, even if you have discontinued using the product.
4. What types of hearing damage can qualify for an AirPods lawsuit?
The types of hearing damage that can qualify for an AirPoda lawsuit include permanent hearing loss, tinnitus (ringing in the ears), eardrum rupture, auditory pain, and other ear-related injuries that can be linked to AirPods use, particularly those related to sudden loud alerts or prolonged use.
5. Is Apple liable if I was using AirPods at high volumes voluntarily?
The current lawsuits focus on unexpected volume spikes (like Amber Alerts) that bypass user volume settings, rather than voluntary high-volume use. However, manufacturers still have a duty to warn about potential risks. An attorney can help evaluate your specific situation.
6. Will my case go to trial?
While many product liability cases settle before reaching trial, each case is unique. Your attorney will advise whether settlement or trial is the best approach based on the strength of your evidence and Apple’s response to your claim.
7. Can I join a class action lawsuit for AirPods hearing damage?
Currently, there is no class action specifically for hearing damage from regular AirPods, though individual lawsuits like the Gordoa case exist. For AirPods Max condensation issues, there is an ongoing class action. Consult an attorney to determine the best approach for your situation.
8. How much does it cost to file an AirPods hearing loss lawsuit?
Most product liability attorneys, including Schmidt & Clark, work on a contingency fee basis, meaning you pay nothing upfront and attorneys only collect a fee if you win your case or reach a settlement.
9. How long will an AirPods hearing loss lawsuit take?
The timeline varies significantly depending on case complexity, evidence strength, and whether the case settles or goes to trial. Product liability cases can take months to several years to resolve completely.
10. What should I do if I experience loud alerts through my AirPods?
If you experience unusually loud alerts, stop using the AirPods immediately, seek medical attention if you notice any hearing issues, document the incident, report it to Apple, and consider consulting with an attorney if you suffered any hearing damage.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action. Statute of limitations laws may restrict how long victims have to file claims.
Our services at Schmidt & Clark include:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
If you or a loved one suffered hearing loss or other ear damage caused by Apple AirPods, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and our product liability lawyers can help.
Reference:
- https://www.asha.org/public/hearing/loud-noise-dangers/#:~:text=Sounds%20at%2085%20dBA%20can,for%20up%20to%208%20hours.
- https://www.reuters.com/legal/litigation/apple-sued-after-loud-amber-alert-airpods-said-damage-texas-boys-hearing-2022-05-17/