Apple Sued Because iPod Might Cause Loss of Hearing

A man from Louisiana is suing Apple, claiming that the iPod can cause hearing loss to people who use it.

The popular device is responsible for being able to produce sounds of more than 115 decibels, a volume that can damage the hearing of a person that is exposed to it for more than approximately 28 seconds per day, according to the complaint.
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, California, on behalf of John Patterson of Louisiana.
The suit, which Patterson would like certified as a class-action, seeks compensation for unspecified damages and the implementation of upgrades that will make the devices safer. The suit does specify that Patterson bought an iPod last year, but does not say that he lost his hearing because of it.

Patterson does not know if the device has damaged his hearing, said his lawyer, Steve Berman, of Seattle. But that's beside the point of the lawsuit, which takes issue with the potential the iPod has to cause irreparable hearing loss, Berman said.
"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.''

On the other side of things, Deanna Meinke, an audiology professor at the University of Northern Colorado said:
"We have numerous products in the marketplace that have the potential to damage hearing. The risk is there but the risk lies with the user and where they set the volume.''

Also, Apple ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume. You can adapt over time to a higher volume of sound, which may sound normal but can be damaging to your hearing. Set your iPod volume to a safe level before that happens. If you experience ringing in your ears, reduce the volume or discontinue use of your iPod.''

Truly, it is miraculous that manufacturers of chainsaws are still in business. One can just imagine the testimonies, "honest, your honor, I knew it was for cutting down trees, but I had no idea that it could cut off my arm if I didn't use the thing properly…" As for making the device safer in the future, there really is no such thing as foolproof.

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