What's the Problem?
The Apple AirPods Lawsuit was filed in May 2022 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 the incident occurred.
According to the lawsuit, B.G. was watching Netflix on his iPhone at a low volume while wearing an AirPod connected to the phone in his right ear when an Amber Alert abruptly produced an "ear shattering" sound level that ruptured B.G.'s eardrum and damaged his inner ear. As a result, the child has permanent hearing loss and tinnitus, suffers from dizziness and will need to wear a hearing aid for the rest of his life, the complaint states.
The suit, 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 were aware that its AirPods played extremely loud alerts from online complaints going back to 2019 from users who noted that AirPods did not adjust the alert volume to match that of the media they were playing. Gordoa and Reyes further claim that AirPods are defective because they play alerts at dangerous volume, regardless of the volume set by the user.
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.
Plaintiffs also seek damages for B.G.'s pain and suffering, disability, mental anguish and future medical expenses, as well as punitive damages.
The lawsuit is: Gordoa v. Apple Inc et al, U.S. District Court, Northern District of California, No. 3:22-cv-02900.
What are AirPods?
Released by Apple in December 2016, AirPods are wireless versions of the Apple earbuds that come in the box with iPhones. Unlike other wireless earbuds at the time, the AirPods have no wires between them. The AirPods come with a carrying case containing a battery to charge them on the go.
What are Amber Alerts, and Why are They Played Thru AirPods?
Amber Alerts are designed to catch the attention of iPhone owners to assist in the search for and the safe recovery of an endangered missing or abducted child. The alerts cause AirPods and other mobile devices to play a loud sound and vibrate. Internet reports suggest that the Amber Alert sound is very loud when played through AirPods, even when the earphones are set at a reasonable volume.
Apple AirPod Max Lawsuit
In addition to being sued over ear damage allegedly caused by AirPods earphones, Apple is also the target of a class action lawsuit in California alleging that a defect causes condensation to accumulate inside the AirPods Max’s ear cups, often after only a few hours of normal use.
In addition to affecting the overall experience and value of the AirPods Max, the defect also causes some consumers to experience performance problems such as:
- Degraded or no sound in one or both of the ear cups
- Failure to detect the user’s ear
- Failure of the active noise cancellation function
- Battery charging issues
Despite multiple complaints by AirPods Max owners, Apple has not publicly acknowledged the defect or attempted to fix it, according to the class action. Instead, when AirPods Max owners request – within the one-year warranty period – that Apple remedy and address the defect and resultant damage at no expense, the company refuses to do so.
As a result of Apple’s unfair and fraudulent business practices, AirPods Max purchasers have suffered an ascertainable loss of money, the complaint states. Class members purchased AirPods Max that they would not have otherwise purchased, had they known of the defect’s existence.
The AirPods Max lawsuit is: Keeley, et al. v. Apple, Inc.
Related Article: 3M Earplug Lawsuit
See the other product liability lawsuits we've covered.
Get a Free AirPods Hearing Loss Lawsuit Evaluation With Our Lawyers
The Products Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in AirPods Hearing Loss Lawsuits. We are handling individual litigation nationwide and currently accepting new personal injury cases in all 50 states.
Again, 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 an AirPods Hearing Loss Lawsuit and our lawyers can help.
