Wednesday, December 30, 2009, 07:00 pm
Apple prevails in appeal over iPod hearing lossA class-action lawsuit claiming that Apple's iPod was responsible for hearing loss was rejected by a federal appeals court on Wednesday, mirroring an earlier decision made in district court in 2008.
A class-action lawsuit claiming that Apple's iPod music players cause hearing loss was rejected in appeals court on Wednesday. The Ninth Circuit Court of Appeals ruled that the plaintiffs did not adequately show that use of the iPod "poses an unreasonable risk of noise-induced hearing loss," reported Reuters.
The suit claimed that the design of the iPod ear buds encouraged deep insertion into the ear canal, and therefore increase the risk of hearing damage.
"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." Senior Judge David Thompson wrote.
The plaintiffs, Bruce Waggoner and Joseph BIrdsong, were looking for monetary damages, redesigned headphones, and improved safety messages included with the product.
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