by Mike Masnick
Thu, Dec 31st 2009 7:50am
A few years back, someone sued Apple, claiming that the iPod caused hearing loss, saying that the devices have an "inherently defective design" and that they need more warnings that you can acquire hearing loss if high volumes are used. The lawsuit eventually turned into a class action, which a district court dismissed. Now an appeals court has agreed, saying that the plaintiffs showed no evidence that an iPod "poses an unreasonable risk of noise-induced hearing loss." Basically, the argument amounted to "you know, Apple could make iPods that are less likely to lead to hearing loss." But that's not legally actionable, and it's good that the courts were quick to point that out.
If you liked this post, you may also be interested in...
- Apple Uploading Call Data, Including From Third-Party Call Apps, To Users' iCloud Accounts
- Techdirt Podcast Episode 94: The Headphone Jack Apocalypse!
- DirecTV Faces RICO Class Action For Bungling Business Installs, Then Demanding $15,000 For Theft Of Service
- New Jersey Man Files Lawsuit Over Pokemon Go After A Few Players Politely Knocked On His Door
- Sony Settlement Gives PS3 Owners $9 After Company Made Console Less Useful Via Firmware Update