Brian GarnerA 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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34 Comments
yes, i'm sure the ipod is also guilty of the economic crisis...
didn't the earbuds used for ipods exist prior to the ipod itself?
so someone that had suffered no damage and knew no one that had suffered any damage was suing cause maybe some day someone might. no wonder it was tossed.
as for the earbud comment, if you can insert them 'deeply into the ear canal' you got some seriously wide ears. or you are shoving them in way too hard.
so someone that had suffered no damage and knew no one that had suffered any damage was suing cause maybe some day someone might. no wonder it was tossed.
as for the earbud comment, if you can insert them 'deeply into the ear canal' you got some seriously wide ears. or you are shoving them in way too hard.
Agreed. They aren't exactly a nice fit. It's more like an oval peg into a round smaller hole
This is totally about people trying to profit off of a company for their own stupidity. Turn up an iPod that much and it's downright PAINFUL. It doesn't take a genius to figure out it's probably going to damage your ear drums.
What a jerkoff lawsuit to begin with. How are the iPod's earbuds different than the ones made by pretty much every other manufacturer? And where's this dumbass' acceptance of personal responsibility? Let's start suing every knife maker because they have sharp blades that can cut you.
say wha???!!!!?!?!??!??!!?