The complainant says he bought an iPod last year but does not specify whether he suffered hearing loss from using the device.
John Kiel Patterson, a Louisiana man has reportedly filed a lawsuit claiming that Apple's iPod music player can cause loss of hearing to its users.
According to the complaint, Apple iPods can produce sounds of more than 115 decibels, a volume to which if exposed to more than 28 seconds per day, can damage the hearing of a person. The complaint goes on to say that the players, inherently defective in design are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.
The suit goes on to say that Patterson bought an iPod last year but does not specify whether he did suffer hearing loss as a result of using the device. Moreover, Patterson does not know if the device has in fact damaged his hearing but according to his attorney, Steve W. Berman, that is beside the point of the lawsuit. The point being the potential the iPod has to cause irreparable hearing loss!
Patterson wants the suit certified as a class-action and is seeking compensation for unspecified damages.
The lawsuit mentions that Apple was forced to pull the iPod from store shelves in France and upgrade software on the device to limit sound to 100 decibels and that the company has not taken the same steps in the United States. The complaint also mentions that the ear buds, which ship with the iPod, do not dilute the sound entering the ear and are closer to the ear canal than other sound sources and hence also contribute to noise-induced hearing loss.
Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year.
I guess that from now on all companies to be on the safer side will be coming out with special warning manuals of 500+ pages to warn people about the various risks and potential dangers associated with the use of their products. Only condition is that the warning manual will have to be read by the consumer before purchasing the product...What a joke...
ho! ho! ho! Ameraicans are so stupid they need to be informed through written warnings that hot coffee is indeed hot, that wet floor is indeed slippery & that loud noise can indeed lead to loss of hearing - no wonder they've elected a moron to lead them!!
Ahhhh. It's not Americans who are gewnerally stupid. It's lawyers. There are smart Americans and there are stupid ones, just like there are stupid Indians and there are smart ones. I work with one of the smart Indians. He sits in the next cubical beside me.
How on earth can Apple be sued for something like this? Is the person using the iPOd not responsible for their own volume control. Yes, the iPod can get up to 115 db, but, no one is telling the user to crank the volume so loud they damage their hearing. I agree with one of the other commenters, as a long time user of portable music devices, manuals do generally have warnings regarding safe listening practices.
If people can sue McDonalds for making them fat,they can sue Apple of making them deaf..Anything's possible in "Free" America..Guess those dimwits never heard of "lowering the volume" or "exercising"(in case of McDonalds)
Its just a money making excercise.
Some lawyer must have convinced Mr. Pitter-Patterson that he can make him rich if Mr Patty files a complaint through him.
Mr Patty probably needs a new car or a house and is looking for ways to fund it.
,london, Ontario, Canada, on Feb 04, 2006 08:39 AM
I have an IPOD and I am disappointed that it doesn?t have a feature which allows you to set the maximum for the volume level. I listen to my IPOD all the time, at work, on the bus, while I am walking, it?s constantly glued to my ears.
I do my best to keep the sound down to a responsible level. With that said occasionally the click wheel slides and blasts the music in my ears for a few moments before I can adjust it. It HURTS!...it?s not a good feeling, and there sure should be away from adjusting it.
I hope they modify the software because I like my hearing.
Hi Chad,
Apple issued an update for iPOD firmware, but only in europe.
you can install this one.
This firmware limits the max output of ipod.
I never installed it ;)
If the device can produce an audio of 115 DB, it doesnt mean that he should listen it at its peak. Any automobile shows a sppedometer with an indication upto 24kms per hour that means he will drive at a speed of 240kms/hr at a busy road and then the result of driving at such a speed in the busy area can be judged by him? whether he will be suiing Automobile manufacturer.?
For the longest I have thought if the government didn't want to make money off of us they wouldn't allow auto makers to produce engines that go over 55mph. Same goes with this case. We are responsible for our own actions. We pay the price!
This is really funny. when someone purchases such products they should know that using this gives problems - if not used properly. At this rate somebody will sue intel for not giving warning for the ptential danger if you swallow the chip!!!
Well, guess he didn't read the manual then.....
I've been using portable devices for years and have not suffered ear loss (that I know of). It is dangerous to have it at high levels, but I would have thought it would be comon sense too!
Another stupid lawsuit. Another braindead American (with apologies to the many intelligent Americans). Can't even be bothered to be surprised by this kinda shit any more.
If I see this guy walking along the street Im gonna smack him in the face then shove my ipod in his ear at 115 dB, then his Ipod up his ass, this is outright stupid, he and his lawyer must know this, they cannot be that stupid, its like the Mcdonald hot coffee and those dumb people suing mcdonalds for making them fat, its called intelligence, use it!
We shouldn't even be talking about this. How can our court system keep allowing cases like this to even exist? It's just another case of someone trying to work the system to get money because they are too lazy to work for it. Last time I looked, iPods aren't all that cheap, if this guy can afford an iPod, why is he sueing? He doesn't need money. And don't try to tell me it's for the good of the common man. The common man has enough sense to turn down the iPod. It's time for some serious reform in the court system. If this goes before a judge the only response they sould give is, "You're an idoit, stop disgracing my courtroom, next case."
John and Steve from Louisiana... do you guys have stereos in your home, your car, do you guys have a life? How about a gun? A hammer? Everything is capable of making loud noise (even the two of you), point is no one is forcing you to listen to loud sounds...I think that you guys should just shut the hell up and get busy doing something constructive that might help mankind...or better yet perhaps you both should move to France! Your complaint makes you guys sound like complete idiots who are looking for a free ride!
Why do modern devices seem to bring along floods of anxiety like health concerns or other stupid BS? AND IT'S NEWS! It's really nothing new... nothing is. It's just a different perspective. Just because my car can go 160mph doesn't mean I'm not reponsible for whatever might happen while going 160mph.
Patterson, listen[if you can still hear] to me, the ipod has a feature called a volume control. i believe it works on all of them, if someone is stupid enough to listen to anything at 115db then they deserve to lose all their hearing and that includes you, you moron. How about people taking responsibility for their actions and living with the results? WOW..totally new American concept. We have become not land of the free but land of the litigious. You're pathetic Patterson. Put you ipod on and overdose on some Neil Diamond, please
bullshit man u got a problem get those coushion earphones,neway there is no specific reason dat ipod spoils ur ears there are people hearing it fo 2 to 3 years and if there was a problem people wouldnt be buying it
This guy is a complete idiot. He's being way too accurate for someone who cares about the public interest for one thing - 115dB at 28 seconds a day. Most people wouldn't know a 115dB sound if they heard one unless they were informed of that fact. Furthermore, he doesn't know if his hearing has been damaged, and has had the iPod for at least a year. If he was so concerned, why did he wait so long and why does he still have the iPod?
Trivial Pursuits
For the last few months, there have been several news items about how iPods cause hearing loss, partly due to decibel levels and partly because the ear buds are closer to the ear canal than the traditional over-the-ear headphones. The correlation between loud music and hearing loss is nothing new; ask Pete Townsend (of The Who) or Bill Clinton - neither were caused by iPods. This morning, I heard a Louisiana man filed a lawsuit claiming that the iPod ?can cause loss of hearing? and that every iPod owner could be part of a larger class action suit.
This smacks of the McDonalds ?hot coffee? case. As an iPod user, I know that if I turn the music up really loud, it can hurt my hearing in the same way I know that if I spill hot coffee on myself, it can scald me. Properly used, I know that the iPod will not damage hearing; just as properly imbibed, I know coffee will not scald.
I am very worried. I am worried that inventors and manufacturers of such great innovations as the iPod (or hot coffee, for that matter) will choose not to pursue them for fear of these types of lawsuits. I?m worried that this already litigious society is becoming worse rather than better and that we have to be protected from our own silliness ? stupidity, even ? where we have to regulate Common Knowledge and Common Sense.
I, for one, will be opting out of any class action on principal. I hope others will follow my example and Just Say No to trivial lawsuits once and for all.
It's just one more in the basket of stupid lawsuits... Even seen the site where the world's stupidest lawsuits are presented??? Well here's the next runner-up for the big award!
RIDICULOUS!!!! A blatant attempt to extort money and hurt Apple. People walking around with an iPod glued to their ear drum should turn the volume down to a reasonable level, since the ear buds are so close to the ear drum. People blasting away at their ear drums on maximum volume with no restraint SHOULD go deaf. Maybe then, they can justify higher volumes.
All products should carry warnings for stupid people not to use. If you shoot yourself in the foot can you sue the gun maker? Bullet maker?
Loud noise in your ears will make you deaf. If you to dumb to know that.... Only in America...