iPod hearing loss claim
p2p news / p2pnet: A former Apple fan is suing the company, alleging iPods can cause hearing loss.
The iPod players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss," according to the complaint, filed Tuesday in U.S. District Court in San Jose, Calif., on behalf of John Kiel Patterson of Louisiana," says the Seattle Post-Intelligencer.
Patterson wants his suit certified as a class-action and is claiming compensation for unspecified damages, and upgrades that will make iPods safer.
"Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. Berman, of Seattle," says the story.
"He’s bought a product which is not safe to use as currently sold on the market," Berman said. "He’s paying for a product that’s defective, and the law is pretty clear that if someone sold you a defective product they have a duty to repair it."
Apple ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume," sais the the Seattle Post-Intelligencer, adding:
"Apple was forced to pull the iPod from store shelves in France and upgrade software on the device to limit sound to 100 decibels, but has not followed suit in the United States, according to the complaint."
Recently, The Who guitarist Pete Townshend blogged that headphones can be dangerous – really dangerous.
Also See:
Seattle Post-Intelligencer – Man sues Apple over potential hearing loss, February 1, 2006
really dangerous – Pete Townshend on hearing loss, January 4, 2006
February 3rd, 2006 at 4:53 pm
American are the most litigious society. Ideas to sue like this time sometimes come from the lawyer, because they profit, of course.
I think that this guy is either trying to extort money from Apple through an expected settlement or has a lot of money that his lawyer drools saliva over. Or the plaintiff has stock in a company hurt by the iPod competition. Clearly the reason for the lawsuit cannot be analized. The lawsuit is like suing General Motors because cars can be driven faster than may be appropiate under some conditions and speed caused accidents have ocurred.
The lawsuit is clearly frivolous and the lawyer should be ordered by the judge not to bill his client (or return any money received) and to pay Apple for their legal expenses, out of his pocket.
Oh, I forgot, the judge is also a lawyer and likely has no interest in ruling against the lawyer. Forget my suggestions.
February 3rd, 2006 at 5:07 pm
Did it ever ocurr to the ipod user that the “grater than necessary” volume of an ipod may not be enough under some circumstances, such as when the sound is to be shared with mutiple headphones or through low power, battery run amplified speakers?
February 3rd, 2006 at 6:02 pm
“Dude, they gave you volume control on the thing! Use it!”
Or maybe he should have learn to read, especially the warning about excessive volume/decibel. Apple’s warning (in various languages) about excessive volume/decibel can cause permanent hearing loss are included with every new iPod Apple manufactured!
Also, how safe are the iPod and other headset players depend on how much brain cells the users have. From what I read from the Seattle P-I, the guy who suing Apple has got to be a jag-off who doesn’t respect his hearing and transfer the blame on Apple for his negligence.
February 3rd, 2006 at 9:40 pm
Completely Agree with what everyone has stated. Why, it’s like suing video game consoles, since you can get arthritis from playing. Like suing TV makers because you eye sight may potentially be harmed. Like suing the government because the gun you bought may potentially be used to kill you someday. Like suing yourself because you might commit suicide <__< . Well you guys get the point.
March 29th, 2006 at 8:05 pm
another frivolous lawsuit by some douchebag who wants to make a quikc buck in this sue-happy society of ours.
EVERYTHING can be inherently dangerous when common-sense is not followed. a blender is fine when used normally, but if you stick your hand down there to dislodge some food stuck on the blade, who’s to blame if you accidentally push the button and cut your fingers off?
or if you use a fork to dislodge a waffle in your toaster?
it’s like the people who sued McDonald’s for “making them fat”. stop this nonsense! people have got to stop blaming others, accept responsibility for their actions, and stop trying to make a quick buck suing companies for their own stupidity or greed.