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iPod lawsuit claims hearing damage

updated 08:40 pm EST, Wed February 1, 2006

Hearing damage lawsuit

A new lawsuit against Apple claims that the company's popular iPod player causes hearing loss, that the company does not adequately warn users of the risks, and that the design of its white earbud phones excerbate inherent risks. The Mercury News reports that an iPod owner has filed a federal lawsuit, claiming the device causes hearing loss and that the iconic music player is "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss." The complaint, which seeks class action status, was filed Tuesday in U.S. District Court in San Jose, California. Ironically, at least one report has claimed that Apple's engineers increased the sound output because Apple CEO Steve Jobs is partially deaf. The lawsuit seeks compensation for plaintiffs' hearing loss and upgrades that will make the iPods safer, citing the company's early compliance efforts for sound volume in France.

The complaint notes that Apple was forced pull the iPod from shelves in France and upgrade the software to limit the sound output to 100 decibels, but has not followed suit in the United States, according to the complaint obtained by the Mercury News. It also says that Apple's signature earbuds contribute to noise-induced hearing loss because "they do not dilute the sound entering the ear and are closer to the ear canal than other sound sources, according to the complaint.

by MacNN Staff

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climacs
Fresh-Faced Recruit

Joined: Sep 2001

0

02/01, 08:45pm | report spam | close Reply |
oh for crying out loud

oops! am I gonna get sued for crying out too loudly without adequately warning of the possibility of hearing damage?

"The first thing we do, let's kill all the lawyers."

chulitomio
Fresh-Faced Recruit

Joined: May 2004

0

02/01, 08:54pm | report spam | close Reply |
bah

This is a dumb lawsuit - it's too general. I'm filing a lawsuit against all companies that make any product that produces sound over 70 Db because no one's adequately explained to me that it may affect my hearing - none of them is sufficiently adorned with boquets of roses that have cards for free hearing checkups and a one hour consultation with a hearing specialist to explain the inherent risk to hearing.

Then, for my follow up lawsuit, I'm goin' after God for not placing warning labels on my ears adequately explaining the effect that growing old would have on my hearing. b******!! The big man is goin' down!!!

Kazrog
Fresh-Faced Recruit

Joined: Dec 2002

0

02/01, 09:44pm | report spam | close Reply |
Wow

I am going to sue Kitchen Aid, because I accidentally burned my chicken with my oven.

alastairmac
Fresh-Faced Recruit

Joined: Jan 2006

0

02/01, 09:47pm | report spam | close Reply |
iPod Law Suit

I can't belive how some people can sue for the most trivial of things. It appears to be a cultural thing in the USA. Hasn't the complainant heard of the volume k***. They should just get over it.

MMask
Fresh-Faced Recruit

Joined: Sep 2001

0

02/01, 10:01pm | report spam | close Reply |
huh

huh... what...type louder I can't hear you.

TheBum
Mac Enthusiast

Joined: Sep 2001

0

02/01, 10:22pm | report spam | close Reply |
Frivilous

This is a frivilous lawsuit if I ever heard one. I think that anyone found to have filed a lawsuit frivilously should be ordered to pay to the defendant the amount they were seeking.

slider
Mac Elite

Joined: Oct 1999

0

02/01, 10:30pm | report spam | close Reply |
Again?

Wasn't this already done, like, dude, in the 80s? I'm gonna sue apple because I'm offended by the black and white color choices, it's clearly causing race riots and it hurts my feelings.

kw99
Fresh-Faced Recruit

Joined: Nov 2001

0

02/01, 10:56pm | report spam | close Reply |
Unbelieveable

Surely, someone tried to sue Sony back in the 80's for the Walkman not providing adequate warning about hearing loss if you play the music too loudly. That was the first time some people started to wear headphones for extended periods of time, and the Walkman was even more popular in its day than iPod is today.

Next, someone will sue Apple for "making them" stare at the computer screen too long "without adequate warning," causing their eyes to go bad. The design of the Mac is "inherently defective" because it does not automatically shut off the screen to protect the user against eye strain.

driven
Addicted to MacNN

Joined: May 2001

0

02/02, 01:04am | report spam | close Reply |
Litigation

As a nation we are going to drive ourselves into the depths of h*** with our own greed manifesting itself as this "litigation of greed".

When ... just when did we stop being responsible for our own actions? Why is every bad thing that happens to an American the fault of someone *else* ???

ender
Junior Member

Joined: Mar 1999

0

02/02, 01:32am | report spam | close Reply |
Fast Food

This is akin to suing McDonald's because you were stupid enough to eat three meals a day there and ended up getting fat. Many states have now passed laws banning those types of lawsuits because nobody forced you to eat at McDonald's. How about suing alcohol producers for the damage caused by drunk drivers? Or auto manufacturers because my car goes too fast and I lost control? Whichever lawyer took this case ought to be countersued for every penny it costs Apple to deal with this non-sense.

My iPod cost more that it might because of Apple's legal costs to defend these frivolous lawsuits. I know, let's sue the filers of those lawsuits and their lawyers to recover the extra money we spent getting out iPods...we'll make it a class action!!

Gabriel Morales

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02/02, 01:35am | report spam | close Reply | delete
Honestly...

What can one say about such a ridiculous lawsuit. The white earphones are little different than any other set of in-ear headphones, and it seems rather obvious and it is common knowledge that hearing loud audio for extended periods of time degrades hearing over the years. Where does the crime come in?

Capable adults must be responsible for themselves, and parents must be responsible for their children. There's little else to it.

11011001
Mac Elite

Joined: May 2001

0

02/02, 03:34am | report spam | close Reply |
this is discrimination

This is discrimination! How dare they try to limit the access of the iPod to people with poor hearing.

I tell you, the n**** are back.

MuppetFloss
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Joined: Aug 2005

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02/02, 05:00am | report spam | close Reply |
EU Wimps

In the UK - perhaps the whole EU - government had already legislated a volume cap on audio devices. This amounts to stricter health and safety regulations. It's probably for the best, bit it's still annoying that an iPod at full volume will often struggle to be heard over the din of the subway. Of course, there's a hack to make the iPod rock like it does in the US: iPodVolumeBooster - 1.0. (Caution: if you use this software, the effects and your own stupidity may result in hearing loss.) Perhaps the complainant should consider suing the US government. They have much more money than Apple.

Nonetheless, one must wonder how a lawyer is going to try arguing a long term medical case. It's tough to prove anything. And then one must wonder if the point is really about cashing in, and not simply generating bad publicity. In the age of Enron, Sony & the RIAA, and the NeoCons, there's very little trust - hence the hundreds of conspiracy theories - and the smell of corruption permeates everything. It's probably little more than a corporate smear campaign. Move along, nothing to see.

MuppetFloss
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Joined: Aug 2005

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02/02, 05:18am | report spam | close Reply |
bring the boys back home

British warships get iPod docks http://www.engadget.com/2006/02/01/british-warships-get-ipod-docks-surround-sound/

I am most concerned about our British sailors. I mean, gun ship fire and jet engines are one thing, but do we really want to submit our lads to the kinds of injuries inflicted by iPods?

brainiac_7
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Joined: Jun 2005

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02/02, 06:11am | report spam | close Reply |
What? I can't hear you..

I'd heard about this complaint in some other media, before the suit was brought. Let's sue every earphone maker out there. What a bunch of c***.

I wish my Pod went to 11.

Peter Bonte
Fresh-Faced Recruit

Joined: Aug 2001

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02/02, 06:14am | report spam | close Reply |
France

Apple is sticking to the local laws, USA is 100 db and France is 80 db. He'd better sue the government that make the laws.

jarod
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Joined: Apr 2005

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02/02, 06:52am | report spam | close Reply |
HAHAHAHAHHAA

Can you sue someone for stupidity??? If so, this moron should be sued for 50 generations to come!! HAHAHHAHHAA

I can't believe idiots like this roams the planet.

whelkboy
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Joined: May 2003

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02/02, 07:53am | report spam | close Reply |
I shall sue myself

for subjecting my own ears to my very loud stage amp when I play a gig!

sammaffei
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Joined: Sep 2004

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02/02, 08:33am | report spam | close Reply |
I'm suing too

I'm suing Apple because the iPod nano was so small that I was able to wedge it in my r*****.

Now, the only way I can change songs is by farting in rapid succession.

Why wasn't I told about this potential danger?

eldarkus
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Joined: Feb 2004

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02/02, 08:41am | report spam | close Reply |
re: I'm suing too

The nano was not made for the r*****. That's what the shuffle is for. Please refer back to your iPod owners manual AAC (Anal Compatibility Chart) for which to use rectally.

Funny someone mentioned the subway drowning out the iPod in the UK. Does that mean the subway system can be sued for hearing loss?

burger
Forum Regular

Joined: Sep 2000

0

02/02, 08:46am | report spam | close Reply |
OMG

I just ate my iPod! And yes, I carefully looked at the packaging for warnings about it not being for consumption.

I don't feel so good.....

MacBerserker
Fresh-Faced Recruit

Joined: Feb 2006

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02/02, 09:09am | report spam | close Reply |
Hearing Loss?

Ridiculous. Since the days of the first Walkman and its first lawsuits, people have been told, though they shouldn't have needed to be, that putting earplugs in and cranking up volume will hurt sensitive parts of ears. Duh! Someone should slap the person upside the head. People like this don't deserve iPods, much less what meagre part of a human brain they were born with!

whackjob
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Joined: Aug 2005

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02/02, 09:22am | report spam | close Reply |
F*&K

To whom ever filed this lawsuit, I hope your balls fall off.

jhorvatic
Fresh-Faced Recruit

Joined: Apr 2005

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02/02, 09:48am | report spam | close Reply |
PG.47 of the iPod manual

Warning Listening to music at high volume over extended periods of time can damage your hearing.

Seems clear to me if the user is to stupid know that any loud noise can damage your hearing and not just the iPod I guess sue the world dummy!

dbeth77
Fresh-Faced Recruit

Joined: Jun 2003

0

02/02, 10:13am | report spam | close Reply |
eating a Shuffle

I'm pretty sure Apple actually had a warning when the shuffle was introduced and it was compared to a stick of gum to NOT EAT THE SHUFFLE!!!

Can someone confirm this?

dbeth77
Fresh-Faced Recruit

Joined: Jun 2003

0

02/02, 10:18am | report spam | close Reply |
found it

found the reference to not eating your shuffle:

http://www.engadget.com/2005/01/11/the-apple-ipod-shuffle/

check out #2

Not part of a balanced diet.

Interlard
Fresh-Faced Recruit

Joined: Oct 2005

0

02/02, 10:27am | report spam | close Reply |
Stupid plaintiff

Give them a Darwin award and take away their iPod.

IonCable
Mac Enthusiast

Joined: Apr 2001

0

02/02, 10:48am | report spam | close Reply |
Sue the internet!!

I'm filing a class action lawsuit against ANY and ALL companies that have ever or plan to have ANY thing at all the do the internet. I have lost hundreds of hours of productivity at work, don't exercise as much, watch less TV, read less books, magazines, and newspapers. The internet and the evil companies that have embraced it have change my life!! I want compensation for all these changes!!! They should know better and make sure I don't have any free will, choice or do anything that may in any, way, shape or form cause me distress, pain, or injury. I AM NOT RESPONSIBLE FOR ANYTHING IN MY LIFE UNLESS I HAVE BEEN GIVEN A WARNING!

burger
Forum Regular

Joined: Sep 2000

0

02/02, 10:59am | report spam | close Reply |
oh snap

I ate the full size iPod, not the Shuffle. Does this mean I still have a case?

droe
Fresh-Faced Recruit

Joined: Nov 2005

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02/02, 11:55am | report spam | close Reply |
IPod not loud enough

This is another one of many dumb lawsuits. I think my IPod isn�t loud enough. This just shows how stupid people have become. The person could have lowered the volume, but I guess that�s to easy. I love that when you get a product manual that 60% of the pages have warnings of one type or another. Apple should sue this person just for so stupid!

Buran
Fresh-Faced Recruit

Joined: May 2000

0

02/02, 12:13pm | report spam | close Reply |
iPod is TOO QUIET for me

The iPod almost isn't loud enough for me -- I have a hearing loss that means that I have trouble hearing things others have no problem with. My hearing aid has built-in protection against ear damage -- it allows me to perceive sound as loud but will not actually output levels that would cause further damage to my hearing. And I know that there is no damage occurring because I am regularly tested by my audiologist and my audiogram has not changed in many years.

If the iPod ends up being made too quiet because of this, Apple will lose future sales from me. I also can and will apply any hacks that come out to undo Apple's sabotage (I consider it such because it's an arbitrary, stupid limit that doesn't have to be there) -- and I know it can be done and has been because I've seen hacks for the European iPod that remove the limit.

That said ... why not just put a menu item in that's enabled by default, reading something like "Hearing loss prevention" or somesuch? Leave it on for most people, but allow people like me who actually NEED to be able to crank it up to turn off the limit.

kentuckyfried
Senior User

Joined: Jan 2002

0

02/02, 01:57pm | report spam | close Reply |
How...

do we find these filers of the suit so we can go out and harrass them? lol.

What a bunch of greedy b*******.

CreepDogg
Mac Elite

Joined: Jun 2001

0

02/02, 03:57pm | report spam | close Reply |
Darwin Award...

...unfortunately the plaintiff is not eligible because he/she isn't dead. Still threatening the gene pool... :)

Oops...just spilled my latte on my lap while driving and talking on my cell phone. Ouch! Excuse me while I go sue Starbucks - they didn't warn me coffee would burn!

Gabriel Morales

Joined:

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02/02, 05:37pm | report spam | close Reply | delete
Warning Book...

Following on what another poster said about manuals full of warnings... When I bought a new bicycle a few years ago the manual was less so and much more a book full of warnings instead. I understand the need for safety, but sometimes it seems like we've gone to an unhealthy extreme.

maulrat
Fresh-Faced Recruit

Joined: Feb 2006

0

02/07, 01:57am | report spam | close Reply |
and on page 12 of manual

Avoid hearing damage Warning Permanent hearing loss may at high volume.You can adapt over sound normal but can be damaging level before that happens. If you experience or discontinue use of your iPod.

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iPod lawsuit claims hearing damage

updated 08:40 pm EST, Wed February 1, 2006

Hearing damage lawsuit

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oh for crying out loud

bah

Wow

iPod Law Suit

huh

Frivilous

Again?

Unbelieveable

Litigation

Fast Food

Honestly...

this is discrimination

EU Wimps

bring the boys back home

What? I can't hear you..

France

HAHAHAHAHHAA

I shall sue myself

I'm suing too

re: I'm suing too

OMG

Hearing Loss?

F*&K

PG.47 of the iPod manual

eating a Shuffle

found it

Stupid plaintiff

Sue the internet!!

oh snap

IPod not loud enough

iPod is TOO QUIET for me

How...

Darwin Award...

Warning Book...

and on page 12 of manual

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