Legal Question in Consumer Law in California

Hello,

Two years ago while my girlfriend was at work listening to headphones she felt a sharp pain in her ear while listening at a very modest volume level. We've all heard of damage to your ears from excessive noise but I suspect something very different. She was using a model of in-ear headphones from a recently popular brand. These headphones utilize a silicone plug-like attachment to secure the earbud in the ear canal. As you slide the earbud in a very noticeable change in air pressure is felt not unlike the pressure felt in an airline cabin or driving in an underwater tunnel. It even has an effect on the sound (as you secure the earbud in the canal you can hear the difference the pressure has on your eardrum). Her doctor diagnosed her with a perforated ear drum and she has suffered from constant tinnitus and sound sensitivity ever since. She returned for follow-up visits because the Doctor believed her ear would heal. Tests concluded that it wasn't improving. I've only recently made the connection to the ear damage because last night I used those same headphones to listen to music and felt a pain in both my ears as a slid the earbuds in. She has used those headphones from time to time and my belief is that those headphones have prevented her ear from healing because of the air pressure put on the ear drum while placing the earbud in the canal.

Is it possible that this company has been negligent in it's design of these headphones and damaged other people's ears in the same manner?

Is it likely that we can seek damages in this matter?

Thank you very much.

Mario Gonzalez

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