14 DAY TRIAL // Apple is not being held responsible for the hearing loss allegedly caused by one of its iPods, according to a report saying that a federal appeals court rejected a class-action lawsuit brought against the Mac maker.
The plaintiffs argued that the iPod earbuds were designed to be placed deep in the ear canal. Joseph Birdsong and Bruce Waggoner claimed that such a system increased the danger of hearing damage, although the court took Apple’s side for providing a warning with each iPod that urged users to avoid hearing damage by setting the volume at a safe level. The plaintiffs added that iPods lacked volume meters and noise-isolating properties, while being capable of producing sound as loud as 115 decibels, these aspects also being labeled as dangerous.
"The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use," Senior Judge David Thompson stated. "At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," he added.
According to the Reuters report, the plaintiffs had sought not only money damages, but also that Apple improved the safety of its iPods and disclosures, to provide better headphones, and test iPod users for hearing loss. Apple is not liable for hearing loss induced by its iPods particularly because it advises its customers to exercise caution with high-volume sound. And it doesn’t stop at "set the volume to a safe level." According to the Support section of the Mac maker's website, other cautionary steps include:
- Use of headphones while operating a vehicle is not recommended, and is illegal in some areas.
- Be careful and attentive while driving. Stop using the iPod if you find it disruptive or distracting while operating any type of vehicle or performing any other activity that requires your full attention.
- Exercise caution when using iPod headphones with lanyards. Certain activities may pose a risk of injury, especially if the lanyard becomes caught or trapped.