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Apple Sued Over Potential Hearing Loss
freaktheclown writes "A man is suing Apple, claiming that the iPod can cause hearing loss for those who use it." From the article: "The iPod players are 'inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss,' according to the complaint, filed Tuesday in U.S. District Court in San Jose, Calif., on behalf of John Kiel Patterson of Louisiana. The suit, which Patterson wants certified as a class-action, seeks compensation for unspecified damages and upgrades that will make iPods safer."
Actually I want my iPod to go louder.
If I have a big pair of earphones on, then the iPod doesn't really have enough power to drive them. I have heard a rumor that a US firmware (as opposed to EU) will give it more volume (apparently the EU has a law that forces output to be capped at a *safe* level), but I have been unable to find any regional firmware at all.
Think about that statement for a minute, then explain it to me once again, answering the following question: how can REALLY low noise impair your hearing? Be specific, make sure you talk about the decibel level at which that REALLY low noise can impair your hearing.
Which, interestingly[1], is why the volume goes so high in the first place. Steve Jobs is partially deaf, and he tested the iPod before it was released.
[1] Or not. Mods, you decide.
I am TheRaven on Soylent News
At one time people took responsibility for their own actions and products were MUCH more dangerous.
The lawyers will argue that by bringing up all the product lawsuits we now have safer cars, and
other products. But lawsuits are still brought against companies whose products are missused by
stupid people. There has to be a limit some where.
ALL headphones, ear buds or over the ear types, can cause hearing damage by delivering a sound level
that's too high. Listening with speakers can cause the same damage too (while peeling the paint
off the walls and cracking the windows). I suppose a form of active feedback could be added to
headphones with a transducer to measure the sound level being delivered to the ear and back off the
volume before it reaches the danger point. Would consumers buy such a product? (that would be like
having a car that wouldn't go above 55mph by having a speed regulator. Some trucking companies actually
put such a gizmo in their trucks to keep their drivers honest). Would you like the government to demand
that makers of portable audio players put such a circuit into such players?
At some point our tort system exists only to make a profit for the lawyers and for "whiplash Willies" to
abuse the system for a quick buck. The small aircraft business was almost destroyed by product liability
lawsuits. Those cases involved 20-50 year old planes that were built before todays standards were
developed. How can you justify calling such a product "defective"? Should you be allowed to sue Ford if you were hurt when your 80 year old model "T"'s gas tank exploded today?
In fact, it's probably not entirely his fault either. He probably went to the doctor with hearing problems, had expensive tests and treatments, and then his insurer asked him to sue Apple. That's the way it works.
I accidentally cut my finger open using a Leatherman tool, and had to go to the ER. When it came time to pay up, my insurance company sent me a letter asking where the accident occurred, what products were involved, and asking me to sue anyone who might be liable in order to recoup the costs. The letter really didn't have a checkbox for "It was my own stupid fault"; it just assumed that it would be possible to sue somebody.
I wrote "It was my own stupid fault" on the form and sent it back... but don't be surprised if you see someone suing Leatherman for making knives sharp enough to cut into fingers.
GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak