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Apple gets sued over hearing loss

mannybolonemannybolone Los Angeles, CA 15,025 Posts
edited February 2006 in Strut Central
http://www.digitalmusicnews.com/#020206appleiPod User Sues Apple Over Hearing Loss[/b]Louisiana native John Patterson recently filed a product liability suit against Apple Computer, claiming that his use of the iPod has damaged his hearing. The suit, which was filed Tuesday in San Jose Federal Court, accuses Apple of selling a defective product. Patterson seeks compensation for his hearing loss, plus he is demanding that the company re-engineer the iPod to make it safer. Patterson???s suit seeks class action status.Patterson may have been encouraged by a recent wave of reports suggesting that use of an MP3 player can lead to premature hearing loss. The reports pointed out that the problem is endemic to any portable device in which headphones are used. As the most popular digital music player by far, the iPod has been singled out as the major culprit. As pointed out by rocker Pete Townshend, it is not just the volume that causes the damage, but also the close proximity of headphones to the ear combined with the length of exposure. As a typical digital music portable holds hours of music, prolonged exposure is common. Because of this, Patterson???s action may be just the first of many against Apple to surface.Any one schooled in liability law?Should people just monitor their volume levels?

  Comments

  • CinisterCeeCinisterCee 863 Posts
    All my Sony??? products have volume limitors built-in which is actually good when I go outside where there's extra noise and plan on listening for a long period with headphones.

    People need to take care of themselves, damn. It's not like Apple controls how long and how loud they have their iPod on.
  • BeatChemistBeatChemist 1,465 Posts
  • GrafwritahGrafwritah 4,184 Posts
    Should people just monitor their volume levels?

    Absolutely retarded. This is not a new concept. As mentioned before this has been an issue since.. shit.. the original headphones in what, the 50s?

    I think by now that it could be considered common knowledge that you must be aware of the volume to which you are listening music through headphones. To sue over that is akin to suing because your coffee burned your mouth because you didn't check it first.
  • JimsterJimster Cruffiton.etsy.com 6,955 Posts
    I am sure the european versions of the ipod have a firmware volume cap specifically put in place to prevent this kind of abuse by the user. I don't own an ipod, but a friend does and he was telling me there is a way around this via software as these euro models don't get loud enough for him.

    Naturally, he's not going to be going for ear-bleeding volume, but he reckons the cap is way too safe to blot out the background noise on his regular rail commute.

    I use my mp3 player for about 30 mins, 4/5 days a week when running, I don't think it's hurtfully loud, even on max - and I usually have it on about 25 out of a max of 30. Is 30 mins a day, for 4/5 days a week, enough to cause premature hearing loss?

    eh?

    what?

    Half-past four, mate.
  • rpmrpm 144 Posts
    prolonged sound exposure.
    your earhair (cilia) cain't take that.
    then them shits break in half.
  • On_the_Red_ClayOn_the_Red_Clay 1,728 Posts

    Louisiana native John Patterson recently filed a product liability suit against Apple Computer, claiming that his use of the iPod has damaged his hearing. The suit, which was filed Tuesday in San Jose Federal Court, accuses Apple of selling a defective product.


    What ever happened to acting adult and taking responsibility for your own actions? Maybe im very European in this regard: the whole American claiming-culture is only now starting to manifest itself over here.

































    btw: i'm going to file a suit against the cow that produced the milk i drank. i didnt like it. not my [/b] fault!
  • DubiousDubious 1,865 Posts
    i call bullshit...

    the headphones with the ipod are sooooooooo crap there is no way he was able to turn them up loud enough to hurt himself... NO FUCKING WAY... mine start farting out waaaay before max volume.. i mean serious distrotion and really unpleasent sound quality.. you have to keep em turned down..

    so unless dude was listening to his shit all distrorted there is no way he had the phones cranked loud enough.

    dude is a douche bag either way though.
  • Sun_FortuneSun_Fortune 1,374 Posts
    I had a huge problem with those little shit headphones. After I would use them, my ears would hurt for days and I would get headaches. The problem was that they let in so much ambient sound, you would turn up the volume much louder than you should. Especially on places like the subway. When I realized how loud I the settings were on the subway, I tossed them.

    But come on, a lawsuit. I smell McDonalds.
  • goatboygoatboy 371 Posts
    Too bad Seinfeld is no longer on.

    This has Jackie Chiles written ALL over it!

  • ladydayladyday 623 Posts
    I had a huge problem with those little shit headphones. After I would use them, my ears would hurt for days and I would get headaches. The problem was that they let in so much ambient sound, you would turn up the volume much louder than you should. Especially on places like the subway. When I realized how loud I the settings were on the subway, I tossed them.
    Those earbuds are total crap. Not only is the sound quality horrible but in the winter I was getting static shocks in my ears. Soooo not fun.
  • davesrecordsdavesrecords 1,802 Posts
    I had a huge problem with those little shit headphones. After I would use them, my ears would hurt for days and I would get headaches.

    same here. although after a while they stopped hurting my ears.
  • sabadabadasabadabada 5,966 Posts
    its probably good for a couple million as a nuisance suit.
  • Lynn_NessLynn_Ness 233 Posts
    Are the headphones on an iPod unlike other portable players in the sense that you can't change them? If so, that's crazy...
  • AserAser 2,351 Posts
    all stock headphones that come w/ (insert your brand) mp3/cd/music players suck ass. Most people don't care about sound quality, so why waste money throwing in something that will inflate costs. Just do yourself a favour and buy some nice headphones and you will thank yourself.

    shure e2c's are a good bet for the mid range price point.
  • ryanryan 334 Posts
    Should people just monitor their volume levels?

    Absolutely retarded. This is not a new concept. As mentioned before this has been an issue since.. shit.. the original headphones in what, the 50s?

    I think by now that it could be considered common knowledge that you must be aware of the volume to which you are listening music through headphones. To sue over that is akin to suing because your coffee burned your mouth because you didn't check it first.

    True, but this case sounds like its more than just about volume levels. Its also about the "close proximity of the headphones" to the ears. If you could show that the headphones were defective because they caused ear injury when music is played backed at a reasonable volume, you might have a pretty good lawsuit.
  • navydadnavydad 30 Posts
    the white earbuds have almost become synonomous with the iPod.
    they serve as a logo.
  • GuzzoGuzzo 8,611 Posts
    Should people just monitor their volume levels?

    Absolutely retarded. This is not a new concept. As mentioned before this has been an issue since.. shit.. the original headphones in what, the 50s?

    I think by now that it could be considered common knowledge that you must be aware of the volume to which you are listening music through headphones. To sue over that is akin to suing because your coffee burned your mouth because you didn't check it first.

    True, but this case sounds like its more than just about volume levels.

    so people can take the time to file a lawsuit but they can't take the time to lower the volume on a toy like an iPod?
    Seriously dumb.
    The belief that you have no responsibility in items you own, use, abuse, and suffer from is incredibly sad.
    Just another way of saying "I am no longer responsible for my actions"
  • asstroasstro 1,754 Posts
    Does this mean I can sue Marshall, Gibson, Fender, and Zildjian? Their products definitely destroyed my hearing. I smell a major come-up for me!
  • hammertimehammertime 2,389 Posts
    i blame Pete Townsend for this bullshit lawsuit.
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