Court Finds Apple Not Liable for Hearing Loss

[Paul Daniel Ash]

A Federal appeals court in the United States has found Apple is not liable for hearing damage as a result of people listening to music too loud on their iPods. AppleInsider notes a Reuters report on the decision by the Ninth Circuit Court of Appeals, which upheld a 2008 dismissal of a case brought against Apple that claimed that Apple knew that iPod earbuds were defective, and that there should have been a warning of the possibility of permanent hearing loss.

The plaintiffs said that iPods can play music at 104 decibels, which is a noise level equivalent to helicopters and power mowers. A noise warning does appear in the iPod user manuals, but the lawsuit said that there is should have been an indication of the iPod’s volume capability on the device itself, according to the complaint. The lawsuit had to be dismissed, according to Senior Judge David Thompson, because it failed to show that the devices were unsafe for the devices' ordinary use of listening to music.

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. At most the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.

Earlier complaints had led Apple to add a "Maximum Volume Limit" setting in the iPod nano and fifth-generation iPod in version 1.1.1 of the firmware.

The plaintiffs, Bruce Waggoner and Joseph BIrdsong, were looking for monetary damages in addition to a safety label on the iPod itself, as well as redesigned earbuds that could not be inserted as far into the ear canal.

image via blurbomat.com

[tudtran]

HAHA. That's funny if they were liable.

[1shuttle1]

They should just sell the phones and ipods with the in the canal buds and then they would not need to be turned up so loud to achieve the same result. Not to mention how much better they would sound.

[iLaw-One]

How retarded are these clowns??? You buy a music playing device then CHOOSE to play it at HIGH volume through earphones PLUGGED into your ears and then when you go deaf, you sue the company that made the device???

a bit like you buy a Lambogini, then drive it at it's max speed and when you have a crash and break every bone, you sue the company for making the car, and not telling you of the danger inherent in driving that fast plus you claim you're protecting other potential 'unidentified' buyers who may choose to drive that fast?

These guys should just go and get a life!!!!

For once the courts got it right in finding Apple not guilty

[CabooseLoL]

If Apple could just make earphones that actually isolate the sound, you wont have to turn the volume up so high.

http://www.skullcandy.com/shop/ink-d-silver.html
I have these, they sound great and I can hear them perfect at low volume while mowing the lawn... They do an awesome job at isolating (not cancelling) sound.

[pacmac]

its not apple its people there the ones that crank up the volume..always picking on apple there tons of other mp3s/smart phones that can mess up your ears..people just dont use volume wisely..i dont crank my volume loud i dont like my ears ringing

[awesomeSlayer]

Thank God! IF they said they were liable, I would blame the dumb***es for that. Stupid greedy people.

[Melech518]

People will sue for anything these days

[rhekt]

just like our vehicles are capable of going over any posted speed limit and we're responsible for the consequences of breaking the posted speed limit (if caught) we are also personally responsible for over indulging our own musics volume. not others.

[sziklassy]

How retarded are these clowns??? You buy a music playing device then CHOOSE to play it at HIGH volume through earphones PLUGGED into your ears and then when you go deaf, you sue the company that made the device???

I don't think it is retardation, but rather greed. Someone sued McDonald's because she poured hot coffee on herself and got a burn. The coffee was supposedly hotter than it should have been, but the point is SHE poured coffee on herself and won money for that.

[duluen]

Actually, I studied that case in school. Unlike in this case, the coffee lady had a right to sue. That Mcdonalds had been sighted twice for having the temp of the coffee almost 100 degrees hotter then the max temp allowed. When the woman went to take a sip of her coffee, she received third degree burns on her lips and tung, the shock of which causing her to drop her cup in her lap burning her further. Talk about a morning pic me up.

These tools are whats wrong with the legal system. That like sticking your hand under a running lawnmower and then suing honda for not being there to scream at you and make you stop. Absurd.

[steve-z17]

These two guys are retarded! Duh duh the music's too loud for me, what do I do....?? I'll just keep listening to it extremely loud! Idiots!

[ecd5000]

this is funny, again someone sue crazed. when will it end?

[DrMod]

Thank god, common sense prevails!!!

I cut myslef on a knife the other day, can I sue someone cos it was too sharp???? There were no warnings on it!!!!!

The world is full of idiots who ruin it for everyone else!!!!