Apple sued over claims Amber Alert permanently damaged hearing to child wearing AirPods

In short: A 12-year-old boy’s family is suing Apple and its manufacturing partner over allegations that he suffered permanent hearing damage as a result of Amber Alert playing at a “deafening level” through his AirPods Pro.

street insider reports that the boy’s family is suing Apple and its manufacturing partner Luxhshare in a lawsuit filed in San Jose, California this week. Carlos Gordoa and Ariane Reyes say their son, identified only as BG, is now required to wear a hearing aid for the rest of his life as a result of Amber Alert.

The family says the incident happened while BG was watching Netflix on his iPhone with one of the wireless earbuds in his right ear. According to the lawsuit, Amber Alert played at such a volume level that it “ruptured” BG’s eardrum, damaged his cochlea, and damaged his hearing. In addition to requiring a hearing aid due to his hearing loss, he now suffers from tinnitus and dizziness.

Apple and Luxshare are accused of “negligence and fraud for failing to properly design and test devices, failing to warn users that headphones are prone to rapid and unexpected volume increases in the ears, and improper manufacturing of AirPods “.

The lawsuit adds that if Apple designed the AirPods to self-adjust to a safe level or provide alerts for alert-related volume increases, BG would “live a normal life.”

Cupertino is also accused of receiving at least 1,538 complaints about sudden volume increases happening to AirPods via alerts or notifications since 2019.

The family is seeking 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.

Amber Alerts are emergency, government and public safety alerts that cover immediate threats to safety and life, as well as extreme weather conditions. They can be turned off in the Settings app, although government alerts cannot be turned off in some countries and regions.

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