News

Apple Sued Over iPod-induced Hearing Loss

Thursday, February 2nd, 2006 at 9:50 AM - by Staff

A class action lawsuit against Apple has been filed in U.S. District Court in San Jose claiming that the iPod is responsible for causing hearing loss in the people that use the music player. According to The Mercury News, the complaint states that iPods are "Inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss."

The iPod manuals do, however, have warnings that detail the potential for hearing loss if used inappropriately, including "permanent hearing loss may occur if earphones or headphones are used at high volume."

The ability to cause noise-induced hearing loss isn't any greater in the iPod than any other music player, according to experts. Deanna Meinke, a professor of audiology at the University of Northern Colorado, commented "We have numerous products in the marketplace that have the potential to damage hearing. The risk is there but the risk lies with the user and where they set the volume."

The law suit is seeking compensation for plaintiffs' hearing loss, and to force Apple to modify the iPod to make it safer.

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A guest said: (hide)

Thu Feb 02, 2006 11:06 am

ludacris...

the only word i could possibly use to describe this.

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A guest said: (hide)

Thu Feb 02, 2006 11:14 am

How long before someone sues a flatware company for not warning him sufficiently that jamming a fork into his eyes would cause blindness?

"Their products are defective! There's no warning on the handle! Somebody stop me before I maim myself again!"

"I'm going to sue China and Japan for making chop sticks so pointy."

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A guest said: (hide)

Thu Feb 02, 2006 11:14 am

Sounds like, (pun intended) that this young man is just an oppor"tune"ist. Yes, sounds played through his iPod may have caused his hearing loss, but he bears the responsibility for choosing to play it loud.

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A guest said: (hide)

Thu Feb 02, 2006 11:23 am

What?

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A guest said: (hide)

Thu Feb 02, 2006 11:30 am

I just did an experiment. I have a decibel meter that has an audio in jack. I plugged a line splitter into my iPod so I could hear what I was putting into the meter. 60 db is about as much as I could take without being uncomfortable, a little more would be painful to me.

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drjason said:

member since 28 Aug 2004 with 35 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 11:31 am

absolutely ridiculus....this is what is wrong with america....people trying to get rich quick without doing anything redeaming....another reason to institute a law that the loser of a lawsuit pays all the legal fees, that is the only thing that will stop these frivolous lawsuits

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macinnerd said:

member since 15 Jun 2005 with 1708 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 11:33 am

Well of course that you would suffer from hearing loss if you constantly listened to your iPod at maximum volume. The user is responsible for the correct use of his iPod. So to go sue the company that produced the iPod that you misused and therefore damaged your hearing is rather stupid. And, above all, Apple warns the users about this eventuality in the user's manual, which you are supposed to read before using the iPod. Go get a life...

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A guest said: (hide)

Thu Feb 02, 2006 11:43 am

Quick - we should all go and sue Ford, Chrysler, GM, Toyota, and any other car company we can think of. They never warned us that driving one of their cars may result in an accident that can cause bodily harm.

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A guest said: (hide)

Thu Feb 02, 2006 11:45 am

drjason wrote:
absolutely ridiculus....this is what is wrong with america....people trying to get rich quick without doing anything redeaming....another reason to institute a law that the loser of a lawsuit pays all the legal fees, that is the only thing that will stop these frivolous lawsuits

uh, no - not the person but the law firm should be required to bear the legal fees, but also be required to pay the loser a percentage of what they promised. Would make the lawyers much more responsible about the torts they imagine.

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A guest said: (hide)

Thu Feb 02, 2006 11:48 am

I agree with all of the posters. This is the most ridiculous thing I have heard. Of course it can cause hearing loss. Any mp3, walkman player with speakers that go in your ear have the potential to cause hearing loss. Its up to the listener to keep the volume down if concerned about it. And that goes for the stereo in your car.

cheers guys

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MOSiX Man said:

member since 20 Jun 2001 with 555 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 11:57 am

What was that? I couldn't hear ya'...

Seriously, though, if that weaselly little bozo (and the pack of lawyers that hope to cash in on him) manages to put enough legal pressure on Apple, that they end up lowering the maximum volume on the iPod, I am going to be really pissed-off! Apple would probably make it retro-active via an iPod software update, to avoid further lawsuits.

Once in a while, I feel like really rocking out. For me, that requires top volume. If this kid manages to make Apple drop that max volume level, by any significant amount, he better hope I never happen to be driving my car near where he is crossing the street.

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Biff said:

member since 08 Apr 2004 with 1479 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 11:59 am

HAHAHAHA. Who was that musician guy who made a comment about hearing loss a few weeks ago? I guess we know where these lawyers got the idea from!

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A guest said: (hide)

Thu Feb 02, 2006 12:01 pm

Guest wrote:
Sounds like, (pun intended) that this young man is just an oppor"tune"ist. Yes, sounds played through his iPod may have caused his hearing loss, but he bears the responsibility for choosing to play it loud.

Keep in mind he's not even saying he HAS suffered hearing loss at all. The lawsuit is about that he and others MIGHT have hearing loss due to iPods.

It's like me sueing OJ because he MIGHT kill me sometime in the future. Which is probably a better chance than iPods causing me hearing loss.

Expect this to get tossed out fairly quickly.

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A guest said: (hide)

Thu Feb 02, 2006 12:06 pm

You deafen your own fool selves by playing your headphones too loud, and now you want to make somebody ELSE pay? Jesus Christ. It's not Apple's fault you're a bunch of stupid chimps.

Good luck with your persuit of justice, class action dumbasses.

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A guest said: (hide)

Thu Feb 02, 2006 12:11 pm

Should we now sue jet aircraft makers as well. Those things generate much higher sound levels than ANY music player could. - DUH!

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Engine Joe said:

member since 29 Jun 2004 with 413 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 12:24 pm

Biff wrote:
HAHAHAHA. Who was that musician guy who made a comment about hearing loss a few weeks ago? I guess we know where these lawyers got the idea from!

Uh, Pete Townshend. You know, of The Who?

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A guest said: (hide)

Thu Feb 02, 2006 12:42 pm

Engine Joe wrote:
Biff wrote:
HAHAHAHA. Who was that musician guy who made a comment about hearing loss a few weeks ago? I guess we know where these lawyers got the idea from!

Uh, Pete Townshend. You know, of The Who?

He made a career out of playing loud music. From what I understand his wearing of headphones in the recording studio was a big factor in his hearing loss. However, you would think that an US Festival full of rock musicians would also have hearing loss, but I wonder of there are other factors such as genetics that a factor.

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geoduck said:

member since 30 Dec 2003 with 1797 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 1:08 pm

Sue Apple because the iPod CAN be played too loud. How about suing the companies that make guns, or vacuum cleaners, or as someone mentioned before jet aircraft. At least the iPod has a volume control.

The thing is that in the US anyone CAN sue anyone else without any risk to themselves. Yes I could file suit against Brian because he is using the name I wanted to use. It would get thrown out immediately but I could file. If most of the cases like this get thrown out it's no loss to the plaintiff or attorneys. They just keep trying hoping something will stick. It just costs the defendants and in the case of a corporation ultimately all of us.

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A guest said: (hide)

Thu Feb 02, 2006 2:16 pm

Wasn't Sony sued in the '80s for the Walkman contributing to hearing loss?

THe Walkman did not go away...

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A guest said: (hide)

Thu Feb 02, 2006 2:37 pm

Guest wrote:
Quick - we should all go and sue Ford, Chrysler, GM, Toyota, and any other car company we can think of. They never warned us that driving one of their cars may result in an accident that can cause bodily harm.

Nah, I'd just sue Toyota. Ford, Chrysler and GM make mediocre products that don't sell well so they'd probably just fold under a class action suit; it'd give them a chance for a graceful exit. I wanna sue a company that at least has a chance of paying me $$$ to shut up and go away.

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A guest said: (hide)

Thu Feb 02, 2006 3:38 pm

I've only had an iPod (3G 40GB) for a few weeks, but I've noticed that if you run your finger counter-clockwise on the wheel while something is playing... The volume DECREASES.

That's right, Apple has not preset the volume at a fixed level, you can actually change it!

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Biff said:

member since 08 Apr 2004 with 1479 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 4:03 pm

I think the funniest part is that Apple includes a hearing loss warning with the iPod. Nice lawsuit, guys.

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A guest said: (hide)

Thu Feb 02, 2006 5:00 pm

"Seriously, though, if that weaselly little bozo (and the pack of lawyers that hope to cash in on him) manages to put enough legal pressure on Apple, that they end up lowering the maximum volume on the iPod, I am going to be really pissed-off!"

Already happened in France.

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A guest said: (hide)

Thu Feb 02, 2006 5:33 pm

Who is Pete Townsend?

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LaurieF said:

member since 15 Jun 2001 with 3517 posts, TMO Forum Mod, send him a message or view his profile

Thu Feb 02, 2006 5:38 pm

He's the drummer for Will Oldham, aka Bonny Prince Billy.

Oh, there's also some old guy who used to play in this really loud rock band back in the sixties. Who? Dunno really.

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Bosco said:

member since 03 Jun 2002 with 999 posts, unranked, send him a message or view his profile

Thu Feb 02, 2006 6:01 pm

Just to clear up something that isn't in the story above, the asshat's name is John Kiel Patterson, and he lives in Louisiana. In the spirit of Broke Mac Mountain, maybe he and Jason Tomczak (iPod Nano scratch class action lawsuit asshat) could make a short Ang Lee inspired film called Asshat Mountain. Just a suggestion...

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A guest said: (hide)

Thu Feb 02, 2006 9:15 pm

you're f*in kidding me.

personal responsibility in the US is out the window. gimme a break.

if you are a dumbass and can't figure out that loud noises affects your hearing, you deserve to be deaf and blind, cause you are already 'dumb'.

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A guest said: (hide)

Thu Feb 02, 2006 9:25 pm

What's the point in limiting the volume...people have figured out how to remove the firmware limit from the european iPods already...the same thing will just happen to the US iPods...what idiots...

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A guest said: (hide)

Thu Feb 02, 2006 10:59 pm

Apple ought to turn this positive and go into the hearing aid business. Just think...iHear!

Jimbo

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A guest said: (hide)

Fri Feb 03, 2006 12:48 am

A lack of common sense should not be rewarded. This obvious attempt(by overpriced lawyers) to suck money out of Apple, hopefully will be denied.

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A guest said: (hide)

Fri Feb 03, 2006 1:36 am

Check out the db levels of some common sources: http://www.lhh.org/noise/decibel.htm

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A guest said: (hide)

Fri Feb 03, 2006 4:13 pm

I just came across this nugget of info:

What the Associated Press fails to mention in their story is that the attorney, Steve W. Berman, is on retainer at Microsoft:

More recently, Microsoft recognized Mr. Berman's experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson's Findings of Fact in the Department of Justice antitrust case against the company.

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A guest said: (hide)

Fri Feb 03, 2006 4:24 pm

Well, well, well...the plot thickens!

The attorney in this case is on retainer at Microsoft; he was involved in the iPod nano screen scratches lawsuit.

http://www.macdailynews.com/index.php/weblog/comments/pro_microsoft_attorney_involved_in_anti_apple_ipod_nano_lawsuit

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A guest said: (hide)

Sun Feb 05, 2006 3:54 pm

I lieu of suing the maker of the playback device, how about we go and sue the 'modern' audio engineers who are compressing the dynamic range of popular music into the top 3 dB of the scale?

Besides destroying the dynamics of a performance, overcompression causes listener fatigue and creates what respected mastering engineer Bob Katz refers to as "wimpy loud sound" – a monotonous high-level assault on the ears with no variation or surprise (yawn).

Take a look at section two, "Current-day leveling problems" here:

http://www.digido.com/portal/pmodule_id=11/pmdmode=fullscreen/pageadder_page_id=59/

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A guest said: (hide)

Mon Feb 13, 2006 2:52 pm

That same dude probably is in the first row at a heavy metal concert!

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A guest said: (hide)

Fri Apr 07, 2006 12:31 pm

I lost my 70% hearing in one weekend traveling with my iPod.

I used my iPod traveling from Sacramento,Ca to Santa Rosa,Ca. one weekend. From that day on my hearing wasn't the same. To me what i hear now constantly is like i still have on the iPod headphones.

I went to ucDavis and they were surprised how much hearing was lost and how fast it took place.

At first I thought I had wax in my ear after the trip. But after 2 weeks with no change I purchase an ear cleaning kit from the drugs store and after using it NO wax came out. So a few weeks later I contacted ucDaves.

I NOW NEED A HEARING AiD FOR BOTH EARSSSSSSSSS!

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Intruder said:

member since 07 Jul 2004 with 2993 posts, TMO Mac Specialist, send him a message or view his profile

Fri Apr 07, 2006 1:45 pm

Did you try actually turning the volume down????

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LaurieF said:

member since 15 Jun 2001 with 3517 posts, TMO Forum Mod, send him a message or view his profile

Fri Apr 07, 2006 5:23 pm

Are you the same person who sued MacDonald's for scalding because they didn't tell you the coffee was hot?

Sympathy? Nah.

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geoduck said:

member since 30 Dec 2003 with 1797 posts, unranked, send him a message or view his profile

Mon Apr 10, 2006 7:59 am

I have to say I agree. Either you had some sort of congenital weakness in your ears that made them easy to damage, not Apples fault, or you knowingly ran the volume too loud for too long and damaged your ears, also not Apples fault.

It's one thing if a product is defective and harms the user. I have no problem suing in that sort of a case. It's another if the product is doing exactly what it is supposed to do and is advertised to do and the user knowingly uses it incorrectly and harms themselves. I mean what's next? Suing Krupp because the kitchen knife they made was too sharp and you accidentally cut yourself? Suing John Deer because the blades on the mover really goes too fast and you cut off your foot? Suing Honda because their car weighs too much and can go really fast so you got run over?

No sympathy here, dude.

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