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Lawsuit: iPods may cause ... eh?


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#1
Stix

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Man claims decibel levels, earphones contribute to hearing loss

Wednesday, February 1, 2006; Posted: 9:26 p.m. EST (02:26 GMT)

SAN FRANCISCO, California (AP) -- A Louisiana man claims in a lawsuit that Apple's iPod music player can cause hearing loss in people who use it.

Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year. The devices can produce sounds of more than 115 decibels, a volume that can damage the hearing of a person exposed to the sound for more than 28 seconds per day, according to the complaint.

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, California, 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. Patterson's suit said he bought an iPod last year, but does not specify whether he suffered hearing loss from the device.

Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. Berman, of Seattle. But that's beside the point of the lawsuit, which takes issue with the potential the iPod has to cause irreparable hearing loss, Berman said.

"He's bought a product which is not safe to use as currently sold on the market," Berman said. "He's paying for a product that's defective, and the law is pretty clear that if someone sold you a defective product they have a duty to repair it."

An Apple Computer Inc. spokeswoman, Kristin Huguet, declined to comment.

Although the iPod is more popular than other types of portable music players, its ability to cause noise-induced hearing problems isn't any higher, experts said.

"We have numerous products in the marketplace that have the potential to damage hearing," said Deanna Meinke, an audiology professor at the University of Northern Colorado. "The risk is there, but the risk lies with the user and where they set the volume."

The Cupertino, California-based company ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume."

Apple was forced to pull the iPod from store shelves in France and upgrade software on the device to limit sound to 100 decibels, but has not followed suit in the United States, according to the complaint.

The headphones commonly referred to as ear buds, which ship with the iPod, also contribute to noise-induced hearing loss because they do not dilute the sound entering the ear and are closer to the ear canal than other sound sources, the complaint states.

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well damn...I'm gonna go sue Dell...cause if one of their computers fell on my head I could die....and there are no warning lables saying "don't drop on your head...will cause injury up to and including death"
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#2
Dirk

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You would have more succes when you sue the artists that actually make the music you play on your Ipod, because without music you won't turn it up so loud, would you? Make sure to blame the right people.

Taking responsebility is idiocy!
This man does not suffer from, or will ever suffer from haring damage. He does suffer from an exceptionally large ego and confidence that his ridicilous claim will have any effect.
Any european judge should dismiss this complaint as a waste of time.

Evidence needed: one boxed and sealed I-Pod, to be opened in the courtroom, and then the man has to read all the manuals and warninglabels.

Case Closed, man send to jail for his own protection, and has to digest 3 earplugs a day.
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#3
Stix

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ahh but it's not in a european court...it's in a california court
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#4
Syrius

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Kinda makes you question the reason you wake up each morning doesn't it? only to wake up to idiocy flooding the media.
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#5
The Ruined Saint

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The answer is, "You can get drunk, drive down a suburban streat at 110 mph, plow down a bunch of neighborhood kids, smash into a CMU wall, and kill yourself."

Alex, the question is, "Can I sue Ford Mortor Company for a couple mil?"
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#6
Stix

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The answer is, "You can get drunk, drive down a suburban streat at 110 mph, plow down a bunch of neighborhood kids, smash into a CMU wall, and kill yourself."

Alex, the question is, "Can I sue Ford Mortor Company for a couple mil?"

here is the funny thing about that scenario...and i'll put it in another scenario that actually happens



you wake up in the middle of the night to a noise coming from your living room....you know your home alone and there is no way in hell anybody else should be here...you get your gun....you go into the living room where a masked person is stuffing your xbox 360 into a bag....you tell him to drop everything and get the hell out...he turns and pulls a gun...not wanting to feel the grief of having kill a person you shoot the person in the leg....they fall down and you call the police and an ambulance....
the robber sues you for shooting him

he wins the case....you have to pay him for hospital bills and other medical expences

and for defending your home



this kind of situation happens more then people think....robbers/muggers/rapists sue their victims and win....

now that....is fucked up
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#7
The Ruined Saint

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But, all humor aside, it's basically true. I mean, I'm at the end of a rather long anger management course, and while I'm all for keeping ones temper under control, reduce/remove agressive tendancies, and to be non-intrusive towards those around you, there seems to be this preference of modern society to produce people within society that will roll-over and play dead rather than stand up for themselves. Which is a bit of a joke since the people they want us to rely upon to stand up for us (cops, lawyers, judges, etc.) are often corrupt, bigotted, or just simply apathetic.
"I am goth, hear me mope..."

As a matter of fact, yes, Switchblade Symphony is the greatest band ever.

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#8
Stix

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yeah...I have anger issues as well....
anyways...

wait...what do you mean lawyers are corrupt....I thought that was a entry level required course in law school
:ph34r:
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