Apple sued by iPod user over hearing loss | iLounge News

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Apple sued by iPod user over hearing loss

A disgruntled iPod owner has filed a lawsuit against Apple, claiming the device causes hearing loss and that the company does not properly warn users of this danger. iPods are “inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss,” according to the complaint, which was filed yesterday on behalf of John Kiel Patterson in U.S. District Court in San Jose, California.

The suit, which seeks class action status, demands compensation for unspecified plaintiffs’ damages and upgrades to make iPods safer to use. According to the complaint, iPods can produce sounds of more than 115 decibels, which can damage the hearing of a person exposed for more than 28 seconds per day. Apple ships a warning with each iPod that states “permanent hearing loss may occur if earphones or headphones are used at high volume.”

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Comments

41

Hmmmm ... maybe I can sue Apple for losing my sight from looking at the tiny video iPod screen for hours and hours. lol

Posted by Jeddak in Louisville, KY on February 2, 2006 at 7:42 AM (CST)

42

America - the land of opportunity..

or is it land of opportunist?

Posted by jarmado on February 2, 2006 at 8:33 AM (CST)

43

from jeepsahoy:
<b><i>“Why is APPLE always the centre of this discussion and other companies like Sony and Creative etc, are NOT to blame too?  Doesn’t this could problem effect ALL MP3 PLAYERS?

Posted by jarmado on February 2, 2006 at 8:36 AM (CST)

44

“Why is APPLE always the centre of this discussion and other companies like Sony and Creative etc, are NOT to blame too?  Doesn’t this could problem effect ALL MP3 PLAYERS?”

Because people like to see those on top fall hard. I’m sure if it was someone else on top, they’d be just as big a target as Apple’s countless millions.

Posted by ahMEmon on February 2, 2006 at 8:40 AM (CST)

45

We need to institute Looser Pays laws here in America. You can sue for crazy crap if you want to, but if you loose you have to pay the legal fees of the person you sued. That would dry up these crazy suits quickly.

Posted by Jason on February 2, 2006 at 8:43 AM (CST)

46

Okay, how long before we have a law, like in France, that requires manufacturers to limit the volume of iPod type devices?  Sheesh. 

Is there any wondeer why manufacturers of clothing irons have now been forced to provide warning labels telling people NOT to iron their clothes while WEARING THEM???

Posted by Obadiah on February 2, 2006 at 9:02 AM (CST)

47

I bet $$$$$ that this is a damn American.. you guys are w@nkers

Posted by psxp on February 2, 2006 at 9:06 AM (CST)

48

I am thinking of suing Penthouse for making me go blind!

Posted by Markus on February 2, 2006 at 9:11 AM (CST)

49

I bet this person suing is fat too. Fat people sue a lot cause they are too lazy to exercise. Hey fat people, buy the burger king ipo and make me rich.

Posted by fatty on February 2, 2006 at 9:41 AM (CST)

50

it’s just sad that technology is an outlet for people to try and get easy money off the most moronic things. what an idiot…

Posted by cskoeshall on February 2, 2006 at 9:45 AM (CST)

51

I loathe the idea of volume limiting on any product like this as it most likely will not have a user definable threshold, and as differing output devices (earbuds, headphones, mini speakers, etc) have different impedances and sensitivities, a limiter of this kind could potentially kill dynamic range and permanently castrate the sound of the ipod, which is the likely one of the biggest reasons for its success.

Posted by funkybassman on February 2, 2006 at 9:58 AM (CST)

52

what? WHAT? Can you all speak up a little, please? I can’t hear a damn thing.

Posted by eben on February 2, 2006 at 10:07 AM (CST)

53

I bought an axe once, didnt come with a sticker that said “this is sharp and cuts things” wish I had know that before i cracked a guys skull in with it. I mean seriously the axe company was at fault. I used all reasonable judgement and there is only so far that i can take personal resposability.

There was no warning on my car that said “cars kill people” I cant beleive i had to do community service for backing over that child

And my toaster didnt say not to lick the spilt jam out of the coils while its on….. you can guess where that led

I get my new 60 gb vidpod soon and if it doesnt have a sticker on it well….............. i worry i might go deaf

All hail america where you can sue for being dumb. Maybe thats why its the richest country on earth

Posted by Funky Love Bunny on February 2, 2006 at 10:59 AM (CST)

54

This is ridiculous

Here are the vultures really looking to cash in on the case.

http://www.hbsslaw.com/

New Ferraris for the Partners if we win!

Posted by sue_everyone on February 2, 2006 at 12:02 PM (CST)

55

OMG! I was watching the news and they announced this just as I was reading iLounge! lol

Posted by Variant on February 2, 2006 at 12:21 PM (CST)

56

I really hope Apple doesn’t settle and goes after this idiot.

You can counter sue for court cost right?

Posted by Jasper Johns on February 2, 2006 at 12:44 PM (CST)

57

The terribly sad part in all this, is they will likely win. Remember - One American sued McDonalds successfully for the hot-i-tude of their coffee when they burned their thighs. Another American (why is it only Americans will admit their stupidity in a courtroom when the rest of the world merely crawls home quietly to heal) successfully sued STIHL power tools for not warning him to NOT stop a moving chainsaw chain with his bare hands. With those to use as precidents, this is a sure thing!!!!

Posted by Everything's Free in America on February 2, 2006 at 12:50 PM (CST)

58

I have two words for this jerkoff:

Personal responsibility.

I pray that this case goes before a judge who has the cajones to throw it out on the merits (or lack thereof).

Posted by Fangorn in Texas on February 2, 2006 at 1:28 PM (CST)

59

Although I agree with you, Fangorn, the problem lies in that we are developing a society that absolves everyone from personal responsibility. We legislate against stupidity, we reduce and sometimes suspend sentences due to intoxication, and people get used to it.

It isn’t about stupidity or about saving the hearing of innocents, it’s about money. Him and his lawyers making money of Apple’s windfall.

And the U.S. wonders why the world has lost respect for a nation that supports this kind of frivolity.

Posted by Everything's Free in America on February 2, 2006 at 1:38 PM (CST)

60

I’m going to sue God for allowing me to be born. You know, he never told me about all the bad stuff that might happen. For example, I stubbed my toe this morning on an exposed tree root in the park. No warning whatsoever! And, it was a defective tree because roots are supposed to be underground! What about cloudy days?!?! I get depressed on cloudy days…I never knew this until I was hatched!

Posted by Jiminy Crickets on February 2, 2006 at 2:04 PM (CST)

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