Law, Business and Society 11th Edition by Tony McAdams

Exercise 24

Joseph Birdsong and Bruce Waggoner both purchased iPods manufactured by Apple, Inc. Their iPods came equipped with detachable earbuds. Birdsong and Waggoner sued Apple for, among other claims, breach of implied warranty of merchantability alleging the iPod is defective because of an unreasonable risk of hearing loss created by the supplied earbuds, which are designed to be placed in consumers' ears. Birdsong and Waggoner did not allege they or other consumers had suffered hearing loss. Apple includes a warning with each iPod regarding the risk of permanent hearing loss. Decide Explain. See Birdsong v. Apple, Inc. 590 F.3d 955 (9th Cir. 2009).