Digital Journal — It was only a matter of time. A Louisiana man has launched a lawsuit claiming that Apple’s iPod music player can cause hearing loss.
Producing sounds of more than 115 decibels, the lawsuit claims hearing damage can occur to a person exposed to those decibel levels for more than 28 seconds per day.
Apple has sold more than 42 million iPods since 2001, and a whopping 14 million in Q4 last year.
The complaint filed in U.S. District Court in San Jose, California, on behalf of John Kiel Patterson, says iPods are players that are “inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.”
Patterson wants the suit certified as a class-action, seek compensation for an unspecified amount, and upgrades to make iPods safer. While the suit claims he bought a unit last year, it doesn’t specify whether he actually suffered hearing loss as a result of using it.
The man’s lawyer said: “He’s bought a product which is not safe to use as currently sold on the market. He’s paying for a product that’s defective, and the law is pretty clear that if someone sold you a defective product they have a duty to repair it.”
The man filing the suit points out that Apple pulled its product in France to upgrade software and limit sound to 100 decibels, but hasn’t followed suit in the U.S.
When it comes to noise-induced hearing loss, experts say the iPod is no different than other music players. The product even ships with a warning saying, “Permanent hearing loss may occur if earphones or headphones are used at high volume.” The lawsuit acknowledges this fact.
Before this case ends up in court, Digital Journal would like to offer a suggestion to clear up any grey areas; in order to avoid potential suits in the future, we recommend Apple test for common sense before selling its popular music players.
