AfterDawn: Tech news

Apple wins appeal over iPod hearing loss case

Written by Andre Yoskowitz (Google+) @ 03 Jan 2010 16:43 User comments (14)

Apple wins appeal over iPod hearing loss case Apple has won their appeal in a class-action lawsuit that was aiming to hold the company responsible for possible hearing loss caused by iPods.
The appeals court said that the plaintiffs failed to show that iPod use posed "unreasonable risk of noise-induced hearing loss."

Apple has sold over 220 million iPods since 2001, and each unit comes with a warning telling users to listen to their music and movies at "safe" volume levels.

"The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use,"
Senior Judge David Thompson added. "At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users," he concluded.

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14 user comments

13.1.2010 16:49

What Idiot would sue apple for this?

I could see if you were Listing to something and the audio jumped up.
Like a TV does some times during commercials.


AAHHH If your losing your hearing turn it down.DUH
And Ipod's Don't even get that loud What are they talking about.
Maybe if the headphone's also had a volume control I don't know.

23.1.2010 17:13

I think it depends on the headphones used and their impedance. Higher the impedance the lower the max volume as it requires more power. The stock dollar store earbuds Apple MP3 players come with have little impedance and sound much louder (and terrible) compared to my Denon DJ headphones...

33.1.2010 17:13

What a retarded law suit...this is even worse than suing McDonalds for becoming obese, or the cigarette companies for getting freaking lung disease...Someone needs to slap these ridiculous people...

Almost like taken out of a Seinfeld episode, something Kramer would come up with...

43.1.2010 17:18
scum101
Inactive

Yet we can sue the motor and oil industries for making our cities toxic places to live and poisoning us all... oh hang on.. we can't because they own governments.

12 years I worked in a high noise environment.. Only person I could have sued would have been myself.. wouldn't it be funny if the judge had turned round and awarded damages, but against the plaintiff.. for being bloody stupid!!


53.1.2010 17:21

Originally posted by scum101:
.. for being bloody stupid!!

Ah, you're my kind f guy/girl!!!
Right, slapping wouldn't do justice...counter-sue their arses on grounds of stupidity, sounds good to me!!


Piss me off, and I Will ignore You!

63.1.2010 17:44
H08
Inactive

Originally posted by cyprusrom:
What a retarded law suit...this is even worse than suing McDonalds for becoming obese, or the cigarette companies for getting freaking lung disease...Someone needs to slap these ridiculous people...

Almost like taken out of a Seinfeld episode, something Kramer would come up with...
My coffee was too hot!

73.1.2010 22:03

Originally posted by scum101:
Yet we can sue the motor and oil industries for making our cities toxic places to live and poisoning us all... oh hang on.. we can't because they own governments.

12 years I worked in a high noise environment.. Only person I could have sued would have been myself.. wouldn't it be funny if the judge had turned round and awarded damages, but against the plaintiff.. for being bloody stupid!!
So true. I used to be in a manufacturing plant and they were sure to warn us of the potential for hearing loss and provide suitable protective items (ear plugs, etc.)

Ignorance is only to blame if you crank your iPod to the point of a sonic boom.

83.1.2010 22:44

I bet they had their ipods on full blast and that they had used earbuds. Idiots, use your common sense. Now they have bad hearing and probably lost some money from this too (lawyers, etc).

There has been news about this long ago, about earbuds causing hearing loss. Just get a nice noise cancelling headphones not earbuds, so you won't have to crank up the volume every time. If they're so insecure about it not looking as nice as earbuds then that's their problem. My god people will sue for anything.

93.1.2010 23:21

Off topic but I'd rather have ear buds. I don't need to have the volume turned up near as high as with other types of headphones. Except for the kind that completely cover your ear but those are uncomfortable because I wear (prescription) glasses.

104.1.2010 2:53

Actually, i though it was proven that hearing loss only occurred when in a constantly high dB environment

114.1.2010 13:57

Originally posted by DXR88:
Actually, i though it was proven that hearing loss only occurred when in a constantly high dB environment
Hearing loss can occur over long periods of time or suddenly. It may also be permanent or temporary. Your hearing may be lost with a sudden loud sound such as an explosion but will usually be temporary. Hearing loss with music does take long exposure but i know that some of the earbuds put out some really good sound with high frequency sounds such as snare or cymbals or your highs. Low frequency is not as bad on your ears but a good set of tweeters will leave your ears ringing after a good long drive in a vehicle. I know. I had 2 Audiobahn 12in subs (1400wts peak/700wts RMS each) with a pheonix gold 4 channel amp brigde to 2 channels running at 1 ohm stable with at least 1200 watts of clean base, 2 6x9 JVC (200 watts peak each) with a nice 300watt kenwood amp pushing them, and a pair of clarion swivel tweeters flush mounted in my doors. The highs were not the loudest i have heard but they were good. Had a guy try to compete against my system at a club one night. His system was a little bit louder than mine i admit but i made sure he knew mine sounded way better with clean bass and no rattle from my trunk. Those of you who know anything about subs know that a phoenix gold amp is competition level and would never compare a pioneer, sony, or some off brand amp nor any subs made by them either to audiobahn subs.
Anyway the guy opened his rattling trunk and i saw four kicker competition 12in subs that sounded horrible. Me and my buddy started laughing our asses off and the guy was really looking confused. Then i told him he needs to get some audiobahn subs or step up the the kicker solobaric subs. He was like why would i want 4 audiobahn subs and i popped my trunk and to his astounishment i only had 2 subs against his four. He was like DAMN!
I then told him to sit in his car in the front seat and close all the doors. I then struck a cigarrette lighter and the flame vibrated and danced around. Then i told him to have a seat in my car and i told him to hold the lighter light while i turned on the music. Well the flame didnot dance. It blew out completely with each deep bass tone. That is a good test for those who think they have a hard hitting system. LOL If you cant pass the lighter test.....then you aint hitting.

What...what was that you said honey? Damn those young partying years i had. LMAO
This message has been edited since its posting. Latest edit was made on 04 Jan 2010 @ 14:09

126.1.2010 6:37

i use earphones at loud volume all the time and i dont have hearing loss.i use to go around in friends cars with 2X12inch 1000watts subs cranking and not go deaf.I did have a hearing problem for about 5minutes after a friend set a fire cracker off about 5inches away from my ear.i doubt listening to an ipod for a few hours a day would cause hearing loss.If you listened to an ipod for 20 hours a day for 5years you might go deaf or have hearing loss.if you find a way to make the sound louder than it should be i have no doubt it can send you deaf or have a bad affect on your hearing.


custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

137.1.2010 8:55

I was a machine gunner in the Marines from beginning of 2000 to the end of 2005 and have bad hearing. Constant ringing in my ears and certain frequencies I just can't hear anymore. Does that mean I can sue the USMC and Fabrique Nationale (the manufacturer of the M240G) for my hearing loss? I think I am going to go to McDonald's and get a hot coffee while listening to my iPod on high with a pair of $200 earbuds and smoke a pack of cigarettes in the time it would take to spill the coffee and loose my hearing. Then call the nearest lawyer with a TTY phone and get setup for a few nice paydays. Lawyers that take cases like that should be debarred...

148.1.2010 0:21

People need to take responsibility for their actions. If you play it loud, you're gonna get hearing loss. Simple.

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