A Texas couple is suing Apple, claiming that their 12-year-old son suffered permanent hearing loss after an Amber Alert sounded while he was wearing AirPods. According to a USA Today news report, Carlos Gordoa and Ariani Reyes of San Antonio filed the lawsuit against the tech giant, saying their son, only identified as B.G. (now 14 years old), was watching Netflix on his phone in May 2020 with his AirPods on at a “low volume” when an Amber Alert went off.
Defective Design and Failure to Warn
The sound of the alert, which came suddenly and without warning, tore the boy’s eardrum, damaged his cochlea, which is located in the inner year, and significantly damaged his hearing, the lawsuit states. As a result of the damage to his right ear, the teen has suffered from bouts of dizziness, vertigo, and nausea, according to the court filing. At age 12, the boy “suffered sudden and permanent hearing loss in his right ear, other significant and temporary or permanent injuries, pain, suffering, and loss of the pleasures of life,” the lawsuit stated. The parents also said their son will have to wear a hearing aid for the rest of his life. The lawsuit states the AirPods, purchased in November 2019, were defective in their design and manufacturing and do not have any warnings or instructions regarding how to change the volume of certain sounds. The lawsuit also said there are online complaints about this issue and that Apple knew about them. According to the complaint, sudden increases in sound volumes associated with notifications or alerts are not properly equalized, limited, controlled, incremented or reduced, thereby posing an unreasonable or serious risk to the wearer’s hearing and health.”
Product Liability Issues
Manufacturers of all products have a legal duty to produce items that are safe for consumers. However, there are a number of products in the market that have manufacturing defects or defective design. In many cases, many of the products we use daily don’t come with proper instructions or warnings. As a result, consumers suffer serious injury or irreparable harm as a result of using these products the way they were intended to be used. If you or a loved one has suffered injuries due to a dangerous or defective product
, an experienced product defect lawyer maybe give you more information about pursuing your legal rights. You may be entitled to receive compensation, including medical expenses, lost income, permanent injuries, disabilities, pain and suffering, and emotional distress. Source: https://www.usatoday.com/story/news/nation/2022/05/22/lawsuit-apple-amber-alert-airpods-hearing-loss/9885430002/