Apple sued over iPod earphones
Fri Feb 3, 2006 6:34 PM GMT
By Susan Butler
NEW YORK (Billboard) - A Louisiana man has filed a class action lawsuit against Apple Computer for allegedly putting consumers at risk of suffering noise-induced hearing loss.
The complaint, filed January 31 in the U.S. District Court in San Jose, Calif. by John Kiel Patterson, alleges that iPods fail to contain adequate warnings regarding the likelihood of hearing loss. Patterson claims that the iPods and the accompanying "ear bud" earphones are defectively designed.
The suit notes that in 2002, France required Apple to limit personal listening device output to 100dB. In response, Apple pulled its players from store shelves and upgraded the software in European models to limit output to 100dB. It did not change U.S. models, the complaint alleges.
Apple provides a general warning in its user's manual regarding the risk of permanent hearing loss if earphones or headphones are used at high volume. The complaint alleges that the warning is insufficient because it does not advise the listener of what is a high volume or a safe level.
Patterson claims in the complaint that he would not have purchased his iPod priced at that level had he known he would need to buy different earphones to reduce the risk.
Attorneys in the Seattle and Los Angeles offices of Hagens Berman Sobol Shapiro filed the suit for Patterson.
Apple could not be immediately reached for comment.
Reuters/Billboard
Holy crap! I knew the first time I used my ipod, that that little jewel can get noisy quick. So I don't turn it up that loud. This is the same type of person that would sue a bridge construction company, because if you rammed into it a over one hundred miles per hour, you could sustain life-threatening trauma.
What a jack ass! Don't get me wrong, I believe we should have the freedom to litigate in the court system, but for events that haven't occurred? Come on, had this guy lost his hearing, or even were it damaged due to the thing turning on at full blast and he could not turn it down, the earbuds sprouting claws and embedding themselves into his ear canal, not allowing him to take them out, then yes, sue the hell out of Apple.
Come to think of it, I might sue ford because my car will exceed the speed limit, therefore might cause financial damage to my household due to impending penalties enforced by the traffic officer.
Get a life, and something to do.
Fri Feb 3, 2006 6:34 PM GMT
By Susan Butler
NEW YORK (Billboard) - A Louisiana man has filed a class action lawsuit against Apple Computer for allegedly putting consumers at risk of suffering noise-induced hearing loss.
The complaint, filed January 31 in the U.S. District Court in San Jose, Calif. by John Kiel Patterson, alleges that iPods fail to contain adequate warnings regarding the likelihood of hearing loss. Patterson claims that the iPods and the accompanying "ear bud" earphones are defectively designed.
The suit notes that in 2002, France required Apple to limit personal listening device output to 100dB. In response, Apple pulled its players from store shelves and upgraded the software in European models to limit output to 100dB. It did not change U.S. models, the complaint alleges.
Apple provides a general warning in its user's manual regarding the risk of permanent hearing loss if earphones or headphones are used at high volume. The complaint alleges that the warning is insufficient because it does not advise the listener of what is a high volume or a safe level.
Patterson claims in the complaint that he would not have purchased his iPod priced at that level had he known he would need to buy different earphones to reduce the risk.
Attorneys in the Seattle and Los Angeles offices of Hagens Berman Sobol Shapiro filed the suit for Patterson.
Apple could not be immediately reached for comment.
Reuters/Billboard
Holy crap! I knew the first time I used my ipod, that that little jewel can get noisy quick. So I don't turn it up that loud. This is the same type of person that would sue a bridge construction company, because if you rammed into it a over one hundred miles per hour, you could sustain life-threatening trauma.
What a jack ass! Don't get me wrong, I believe we should have the freedom to litigate in the court system, but for events that haven't occurred? Come on, had this guy lost his hearing, or even were it damaged due to the thing turning on at full blast and he could not turn it down, the earbuds sprouting claws and embedding themselves into his ear canal, not allowing him to take them out, then yes, sue the hell out of Apple.
Come to think of it, I might sue ford because my car will exceed the speed limit, therefore might cause financial damage to my household due to impending penalties enforced by the traffic officer.
Get a life, and something to do.
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