Given how ingrained they've become in our society, it's difficult to remember a time when people weren't walking around with earbuds in. Whether at the gym, commuting to work, or out for a run, the tiny plastic speakers nestled in our ears provide a private listening experience for music, podcasts, or conversations. With convenience comes the question: is our hearing in danger from using earbuds?
That's what two parents, filing for their unnamed child B.G., blamed Apple for in a 2022 lawsuit. Claiming the sound from an AMBER Alert caused permanent hearing loss and other injuries in their 12-year-old son, they sought injury damages and punitive damages via a jury trial.
Their first legal bite at the apple proved fruitless. On April 28, 2025, U.S. District Court Judge Jacqueline Scott Corley granted Apple's Motion for Summary Judgment, ruling that science didn't support the plaintiff's claims.
Ours Go to Eleven
Earbuds are designed to fit in or around an ear and provide sound generated from another device. They are available either hardwired or cordless. Apple's version of earbuds are called AirPods and the company sells about 100 million of them each year.
If the idea of having a speaker in your ear canal feels a little disquieting, you're not alone in that sentiment. Noise is measured in decibels (dB), and too much is a bad thing. Prolonged exposure to a certain level of sound can cause permanent hearing loss and other issues, and one extremely loud instance of noise can be detrimental to one's auditory senses.
To put things in perspective, consider the dB levels of commonly-encountered noises. Breathing is around 10 dB, while speaking in a normal conversation comes in at 60 dB. Once sounds are over 100 dB, the risk of hearing damage increases with continued exposure. These include being near a motorcycle, sirens, or at music concert or sporting event. Firecrackers, which emit within a range of 140 to 150 dB, can cause immediate pain and hearing loss.
It's strongly recommended to avoid exposure to music or other sounds over 100 dB for more than 15 minutes at a time. For acoustic trauma to occur in a shorter time frame, the noise would need to be over at least 130 dB.
The Sound of Silence
According to the lawsuit filed by the parents, their child identified as B.G. was watching Netflix on his phone and listening through a pair of Apple AirPods Pro. His viewing was interrupted by the broadcasting of an AMBER Alert, which is a government system that announces child abductions in the listener's general region.
The suit alleges that the sound level was so loud that it ripped open B.G.’s right ear drum. This damaged his cochlea, which led to tinnitus, significant and permanent hearing loss, pain, and other temporary or permanent injuries. Claims in the lawsuit include negligence, strict liability, breach of implied warranty, fraud by nondisclosure, and negligent infliction of emotional distress to the child's father, Carlos Gordoa. Gordoa passed away in 2024.
When Your Expert Needs To Be More of an Expert
In ruling for Apple, Judge Corley said that science didn't support the plaintiff's claims. Evidence gathered during discovery included determining that the maximum dB output of AirPod Pro earbuds is 113.5, which is not loud enough in a short burst to inflict the type of damage and hearing loss claimed by B.G.
The plaintiffs' choice of having a clinical physician as their expert witness did not go well, as Judge Corley considered the doctor unqualified to be accepted as an expert in a field they didn't specialize in. Lacking solid scientific proof that linked the AirPods to B.G.'s hearing loss and injuries, Judge Corley granted summary judgement to Apple.
Related Resources
- What Is Product Liability? (FindLaw's Product Liability Law)
- Can I Sue for Hearing Loss? (FindLaw's Law and Daily Life)
- How Do Cell Phone AMBER Alerts Work? (FindLaw's Law and Daily Life)
