SAN FRANCISCO (KSEE/KGPE) – The parents of a boy who said his hearing was permanently damaged after an Amber Alert noise played through a pair of Apple AirPods are now suing Apple and its partner companies for damages.
The lawsuit, filed in U.S. District Court, Northern District of California, on Monday alleges that the then 12-year-old (described as B.G. in the lawsuit) was wearing an AirPod in his right ear at low volume while watching a video on his iPhone on May 17, 2020. The Amber Alert notification popped up with an accompanying loud sound – which caused damage to the boy’s hearing.
The lawsuit’s description of the loud noise states that it “tore apart B.G.’s eardrum, damaged his cochlea, and caused significant injuries to B.G.’s hearing.”
The lawsuit further details the boy’s injuries, stating that as a result of the damage to his right ear, he has suffered from “bouts of dizziness, vertigo, and nausea.”
“At 12years old, B.G. suffered sudden and permanent hearing loss in his right ear, other significant and temporary or permanent injuries, pain, suffering, and the loss of the pleasures of life as a direct result of Defendants’ defective AirPods.”
The lawsuit alleges that the AirPods are defective in design, do not include adequate warnings, and do not automatically reduce the volume of alerts to a safe level. The lawsuit also includes screenshots from Apple’s website showing numerous people asking how to turn down the volume of alert notifications specifically.
As well as Apple, its partner companies Luxshare-ICT, Inc. and Luxshare Precision Industry Co. LTD are also named in the lawsuit.
The lawsuit seeks to recover damages for the boy’s physical harm, pain and suffering, disability, mental anguish, emotional trauma, and future medical expenses as well as punitive damages against Apple.
Apple has been contacted for a statement. This article will be updated when a response is received.