APPLE has been sued by the family of a Texas child who allegedly suffered permanent hearing loss while wearing AirPods.
The 12-year-old is said to have ruptured his eardrum after hearing an Amber Alert on his earbuds while watching Netflix on an iPhone.
The public safety alerts on iPhones and Apple Watch inform users of missing and kidnapped children.
In the lawsuit, filed Monday, parents Carlos Gordoa and Ariani Reyes said the AirPods are defective because they play alerts at dangerous volumes, regardless of the volume set by the user.
They accused the company of gross negligence and fraud.
Apple did not immediately respond to a request for comment.
According to the lawsuit, the injury occurred in May 2020 when the boy, identified as BG, wore an AirPod in his right ear.
The family said an Amber Alert suddenly made a “deafening” noise.
The noise is said to have ruptured BG’s eardrum and damaged his inner ear.
As a result, BG has permanent hearing loss and tinnitus, suffers from dizziness and is required to wear a hearing aid, the lawsuit states.
The family said Apple is aware that its AirPods have played extremely loud warnings from online complaints dating back to 2019.
Users found on forums that AirPods weren’t adjusting the alarm volume to match that of the media they were playing.
The lawsuit alleged that Apple failed to design AirPods to “set themselves to safe levels or provide alerts about the volume increase associated with alerts.”
Had the company done so, the “boy would have had a normal life,” according to the family.
“This boy’s life has changed a lot because of Apple’s failure to warn about the volume on his AirPods, which has led to his permanent hearing loss,” PMR Law’s Tej Paranjpe, a family lawyer, said in a statement.
The lawsuit was filed in federal court in San Jose, California.
Amber (America’s Missing: Broadcasting Emergency Response) alerts let citizens know when police are pursuing a missing person who may be in your area.
You can toggle the alerts on and off by going to Settings > Notifications > Government Alerts.
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https://www.thesun.ie/tech/8814463/apple-sued-bursting-boys-eardrum-airpods-warning/ Warning after Apple was sued over ‘bursting eardrums of 12-year-old boy wearing AirPods’