Login | June 21, 2025
Can earbud maker be liable for hearing loss?
SHERRY KARABIN
Legal Tech News
Published: June 20, 2025
Earbuds have become a part of everyday life for many people in the U.S. and around the world.
But what happens when the earbuds deliver a very loud noise that the user isn’t expecting and the person’s hearing is allegedly harmed? Can the user or the user’s parents then hold the company that makes the earbuds legally accountable for any resulting hearing-related issues?
A May 2025 blog written by Kit Yona and reviewed by attorney Joseph Fawbush on FindLaw.com (https://www.findlaw.com/legalblogs/law-and-life/apple-exonerated-in-lawsuit-against-airpods/) addresses both of these issues.
According to the post, in 2022 two parents filed a lawsuit against Apple in U.S. District Court on behalf of their child B.G., seeking injury and punitive damages from the company. They argued their 12-year-old son sustained permanent hearing loss and other injuries from an AMBER Alert that was sent out while he was wearing Apple AirPods, the company’s version of earbuds, of which Apple sells about 100 million each year.
From a medical perspective, prolonged exposure to certain sound levels can lead to permanent hearing loss and other issues, and a single extremely loud noise can also create hearing problems. As a result, it is strongly recommended to avoid exposure to very loud sustained- or short-term sounds.
However, in this instance U.S. District Court Judge Jacqueline Scott Corley ruled against the parents.
In the lawsuit, the parents argue their son was watching Netflix on his phone and utilizing a pair of Apple AirPods Pro for the sound. They allege the program was interrupted by an AMBER alert that was so loud it ripped their son’s right eardrum open, damaging his cochlea, which led to tinnitus, significant and permanent hearing loss, pain and other injuries.
The claims ranged from negligence, strict liability and breach of implied warranty to fraud by nondisclosure and negligent infliction of emotional distress to the father, Carlos Gordoa, who passed away in 2024.
The parents selected a clinical physician as their expert witness, which did not go over well with the judge, who determined the doctor did not specialize in the area and thus wasn’t qualified to be an expert.
With no solid scientific proof linking the AirPods to the child’s hearing loss and other injuries, the judge granted Apple’s motion for summary judgment on April 28, 2025.