iPod Owner Sues Apple For Potential Hearing Loss
from the oh,-come-on dept
Ah, the fun of living in a litigious society. We recently noted that people were, again, talking up the idea that iPods can cause hearing loss, thanks to a random statement from Pete Townsend — even though this idea had been discussed quite a while ago. However, when complaints like that come out, you know it’s only a matter of time before the lawyers show up. Apple is now being sued by the owner of an iPod over the hearing loss claims. It seems likely that this lawsuit is trying to cash in on the story, and has every likelihood of getting thrown out of court. Most importantly, the guy in question does not appear to have any actual hearing loss. He’s just complaining about the “likelihood” of hearing loss. It doesn’t take an expert to note that the problem isn’t with the iPod, but with the user for turning up the volume too loud (though, the article does quote an expert saying exactly that). Finally, Apple includes a warning with each iPod that says: “permanent hearing loss may occur if earphones or headphones are used at high volume.” Still, the guy claims that iPods have an “inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.” To support his claim, he points to marketing material and product info from Apple that include the phrases: “crank up the tunes” and “bring in the noise.” Seems like quite a stretch no matter what — and its likely that any judge will see through the claim pretty quickly.