Apple sued over iPod hearing risks

Just when you thought disgruntled iPod customers couldn't find anything else to complain about, a Louisiana man has filed a lawsuit against Apple, complaining that the iPod can cause hearing loss. According to the suit, the iPod can be pumped up to over 115 decibels, a level that can damage hearing, and the audio players are "inherently defective in design and are not sufficiently adorned with adequate warnings." A lawyer for the plaintiff said he didn't know if his client had suffered hearing loss, but said that's irrelevant. "He's bought a product which is not safe to use as currently sold on the market," the lawyer said. Given that iPods already include warnings that state that "permanent hearing loss may occur if earphones or headphones are used at high volume," we don't expect this one to go very far. In the meantime, we're sure someone out there is planning a lawsuit over the iPod with video, claiming that it's an unsafe device because you could be hurt if you watch videos while walking or driving.

[PEZ @ Feb 2nd 2006 9:25AM]

I dont even know what to say about this.

Dont drink coffee that too HOT I guess!

Sometimes you just have to puke.

[diem @ Feb 2nd 2006 9:37AM]

only in the united states...

how lame.

what happened to personal responsibilities?

don't smoke the weed
don't drink the booze
don't crank your ipod

[Jordan @ Feb 2nd 2006 9:38AM]

Apparently this guy has never tried to drive a NICE set of headphones with higher impedence than the crappy earbuds. I am thankful every day that my iPod is able to drive my Grados and Etys.

If he is that worried about his hearing (and apparently all of our hearing), he might want to invest more than $0 into headphones for the thing.

Selfish, money grubbing fool.

[dont_take_it_personally @ Feb 2nd 2006 9:38AM]

the american judicial systeme is weird....u can literally sue somebody over anything:D:D

[delerious @ Feb 2nd 2006 9:38AM]

Hmmm.... 115 decibels is too low of a volume to me. I have to crank my pod up all the way to get rid of the background noise of people talking, when on the school bus. My hearing is right perfect (but selective).
This is just a poor man suing over an irrelivant reason. Apple seems a just target for him because 75% of America owns an iPod. And isn't it odd that he seems to have researched that it reaches 115 decibels prior to the suit. Very interesting.... anyone will do anything for money. Even if it means diving to the lowest lows as you can.

[Eric @ Feb 2nd 2006 9:40AM]

Its funny you bring up coffee #1. Its like that episode of Seinfeld where Kramer sues the coffee place b/c it is too hot and there are no warnings. If people are stupid enough to put the volume up where its insanely loud then they deserve to go deaf. This lawsuit is so stupid. This could go for anything. Are you gonna sue a knife company b/c you could cut yourself when cutting some food. You could sue anyone for anything now a days and its stupid. Just my two cents.

[TEN @ Feb 2nd 2006 9:48AM]

F-ing brilliant. I am planning a lawsuit against the human race for causing me undue stress in my daily life. Low IQ is not an excuse.

[AJ @ Feb 2nd 2006 9:48AM]

It's a bit crazy, but over here in Europe, they have it capped to (I think) around 113dB due to European law... hence the use of the unlocking software that's around so much!

[dsb @ Feb 2nd 2006 9:49AM]

Time for me to sue Craftsman because I have the potential of sticking one of their screwdrivers in my eye. I'll bet they don't have any warnings for that!

Don't clutter up my iPods with warnings just because you're stupid.

[EatingPie @ Feb 2nd 2006 9:50AM]

I have tinnitus. Incessant ringing in the ears brought on by loud Rock concerts. I know the exact concert which made my tinnitus permanant: Rush.

They're rich, and now I guess I have a case! But damn it's unethical to sue them (they didn't force to stay in the show, and I could have tried to get my money back, and I could have used earplugs, etc.)

Damn those ethics. Damn damn damn.

Wait... maybe I should call a lawyer to help me with my ethics issues! Looks like that's what this iPod guy did.

-Pie

[Jason @ Feb 2nd 2006 9:51AM]

Or like the Time that old hag who burned herself w/ McDonalds coffee and actually one. This is a great country, but liberals and trial attorneys are destroying it by the minute.

[D-Shizzle @ Feb 2nd 2006 9:51AM]

Actually (even though I know nobody cares), the coffee lawsuit issue was about an 80 year old lady spilling the coffee on herself, and she never got anything close to the initially reported damages. It was closer to 200k after McD kept wrangling.

And the coffee was at a temperature 20 degrees F higher than the average temperature of competitors, a temperature that would cause serious burns in less then 60 seconds if you didn't imediately disrobe - a feat difficult for anybody while seat-belted into your car, let alone an octogenarian...

Just some perspective.

[EatingPie @ Feb 2nd 2006 9:54AM]

The McDonalds coffee case is often sited as "The frivolous lawsuit." What most people don't realize is that the woman received Second Degree Burns.

SECOND DEGREE BURNS? Imagine if she drank the coffee!

McDonalds actually used their PR power to advertise the case and influenced the public's perception. Sadly this was actually one case that was... ARGUABLY... valid, but it's become the posterboy for frivolity.

The iPod guy... well... I see (er, hear) no hearing loss, so this one IS frivolous.

-Pie

[bt @ Feb 2nd 2006 9:54AM]

So, if you want an iPod, go get one now before they fix the max volume level.

Hopefully they'll just dismiss the case.

[tech @ Feb 2nd 2006 9:55AM]

He is the very reason why some devices have TOO low a volume output. You need a certain volume level to drown out background noise otherwise you end up only being able to use the thing indoors in a quiet room! If he wins this lawsuit, all future ipods (and other devices) will become useless outdoors.

[ecne @ Feb 2nd 2006 9:58AM]

well, why not sue kitchenware manufacturers?

a kitchen knife, for example. you can seriously damage any part of your body while using a kitchen knife, not only ears! I've heard it can even cause death in some cases!

and they didn't put any warnings on it! come on, sue the hell out of them, it's a cert!

[epp_b @ Feb 2nd 2006 9:58AM]

I hate iPods myself, but even I think this is stupid.

[EatingPie @ Feb 2nd 2006 9:58AM]

Oops. Duplicated info in D-Shizzle's post. Sorry, sorta the inherent flaw in this call/resposne confirm system.

I'll add, also, that the lady's family originally ONLY wanted doctor bills paid and asked nicely.

Good news: some people know the truth: Poor, old lady, second degree burns, McDonalds blew chunks but PRerd their way outta of it.

-Pie

[Colby @ Feb 2nd 2006 9:59AM]

Everyone forgot the whole "doritos are too sharp thing". I think this kind of thing is totally bogus and people really need to kill this whole "Im fat because McD's lied to me" BS. Thats all my ranting for now, Im busy working on my lawsuit to blizzard because of my WoW induced carpal tunnel!

[historyfool24 @ Feb 2nd 2006 10:01AM]

This is just another stupid lawsuit that can only be filed in a country like ours. Hmmm audio player causing hearing loss...god forbid. I wonder if this guy is relating to the people who sued McDonalds.

[Andrew @ Feb 2nd 2006 10:08AM]

This has to be one of the lamest lawsuits ever. That man deserves to be beaten with rods until he realizes that he's a total tool. His lawyer ought to be disbarred for the malicious and fatuous filing of a suit.

[mike watkins @ Feb 2nd 2006 10:12AM]

Until you make the suers pay all cost for their legal actions when they lose, you will continue to have these types of frivolous money grabbing law suits.

[Micha @ Feb 2nd 2006 10:14AM]

While I find the lawsuit equally ridiculous, two questions:

1. Why is the volume limited in Europe?

2. Have you ever reached into your jacket to pause or skip a song and accidentally turned the volume up really high?

I guess with no dedicated volume buttons on the iPod the higher volume range in the U.S. (I'm in Europe) could indeed be a problem...

[King Bigos @ Feb 2nd 2006 10:15AM]

God, what a money hungry prick. I hope Apple destroys him in court.

[Reid Sorenson @ Feb 2nd 2006 10:17AM]

The iPod is an innovative product and all, but if any judge lets this lawsuit into a courtroom they're giving Apple a little too much credit. Did Apple invent earbuds? They date back almost as far as the radio and the telephone.

[Kim Laughton @ Feb 2nd 2006 10:22AM]

D-Shizzle

I think even the average eighty year old ought to know that coffee is hot. It's made with boiling water after all, and has been around for a few years now.

The trick is to assess the risk. Am I skilled enough to cope with a cup of coffee? Am I going to tip it over myself? Perhaps I should just go for some cold water instead?

[RGreen @ Feb 2nd 2006 10:22AM]

Hate to belabor the McDonalds thing. The 79 year old lady had the coffee sitting between her knees. She spilled it when she removed the lid to add cream and sugar. Yes the coffee was super hot. The award was reduced a.) because McDonald's fought it and b.) Because the lady was found to be partially at fault. McD's lost because their own records had approx. 700 documented instances of coffee burns. The actual amount of the award is unknown as both parties finally settled out of court. Most likely the amount was more than the $20,000 the lady originally asked for to pay medical bills. And she got 3rd degree burns, not 2nd.

[worai @ Feb 2nd 2006 10:29AM]

A+ for creativity to the man who filed the lawsuit.
I hope he put his brain and energy to some bigger issues, like global warming?
He should sue his mom next for bring him to this world.

[Bob Mc @ Feb 2nd 2006 10:31AM]

Smoking can hurt you.
Jumping off a tall building can hurt you.
Eating Pop Rocks and a Coke can hurt you.
Listening to loud noises can hurt you.
Duping on digg can hurt you.

You're welcome.

[PodMonkeys @ Feb 2nd 2006 10:36AM]

They should just make the ipods only go to 9...

Speaking of good law suits, I once heard that a woman in California was driving drunk, crashed into a light pole, sued the city for poor placement of said pole, and won.

[dacmonJ @ Feb 2nd 2006 10:42AM]

I thought that Euro versions of portable audio players were only allowed to go up to something like 85-90dB with the supplied headphones?

As someone else mentioned, I have tinnitus (permanent ringing in the ears). It became noticeable when I took a business flight to DC and was trying out some new Shure earbuds. I've never been one for rocking out for hours and hours to loud music so I was rather surprised (and dismayed) that this happened from 2 hours of loud listening.

[yoda @ Feb 2nd 2006 11:10AM]

What's that you say? Speak up I can't hear you!

[Ben @ Feb 2nd 2006 11:45AM]

I have an idea! Why don't we just make products that make it perfectly safe for everyone. In fact, why is he JUST sueing iPod? Every MP3/ CD/ Tape/ 8 Track player I know will play at levels that high... sometimes higher. I think we should revoke this man's right to listen.

[Abe H @ Feb 2nd 2006 11:47AM]

Woohoo! Now I get to sue Sony for the Walkman!

[Stuart @ Feb 2nd 2006 11:50AM]

I think he's missed the boat on this one and Apple have already covered themselves with the dislaimer in the instructions.

On the same rationale, all vehicles would need to be limited to stay within legal speed limits, cigarettes and alcohol would be illegal, and any activity that involved moving or interacting with the world would entail reading so many instructions and legal disclaimers that nothing would ever get done.

Next up in product news: disclaimers for disclaimers. 'Do not run your finger along the edge of this leaflet. All paper cuts are the responsibility of the reader. Reading may cause headaches. This disclaimer is read at your own risk, and adequate eyewear and lighting should be used at all times.'

[tim @ Feb 2nd 2006 11:55AM]

The reason that Europe headphone volume is limited because it is the law there. There are specific levels in dB that your headphone is allowed to go to.

The problem is that not all source material is recorded with equal loudness. Somtimes you need more gain (volume) when the source is quiet. However if you have a full scale source, that would be really loud.

This guy is a jackass. We should all be allowed to kick the hell out of him repeatedly.

An example of why this pissed me off so bad. My wife and I are having a baby and we just bought a car seat. Have to have one. Anyway we paid for one that looked decent. The freaking thing is covered with warning label stickers. Some of them are on the fabric and the are huge and can't easily be removed. They say retarded things like "buckle the belt" "always secure child" etc. WTF? Why is everything covered in waringin labels? Because asshiles like this guy sue because they want money. There is not other reason.

The end result though is that companies plaster everything in freaking warning labels. All thanks to assclowns like this guy. He deserves to be beat within an inch of his life, and that goes foir his sleazy lawyer too.

[nosoupforyou @ Feb 2nd 2006 11:59AM]

It's called COMMON sense. Maybe he should try it some time.

I have to crank up my ipod volume to maximum while I'm listening through my car stereo but you don't see me blasting it in ears.

This should be the new warning label:
"Idiots beware
you may have to actually THINK to use this product"

[jon @ Feb 2nd 2006 12:00PM]

darwin.

[tommer12 @ Feb 2nd 2006 12:10PM]

Hey look! Bono is not on the screen of the iPod in the article! Good work Engadget!

[DAC @ Feb 2nd 2006 12:11PM]

This iPod lawsuit and the McDonald's lawsuit reflect one common ingredient. An individual's affirmative action to make use of a product in the face of known risks and dangers. Coffee is hot and playing music loud may damage your hearing. Having accepted those readily recognizable risks and having suffered some harm or injury these individuals filed a lawsuit effectively saying, "It's not my fault but someone else's fault." Granted the McDonald's coffee was extremily hot but the fact remains the woman was comparatively negligent. Looking at the facts as a whole she refused to accept personal responsibility for what was stupid conduct on her part. The fact she could even begin to blame someone else only reflects on what is wrong with our society. We are teaching people to obsolve themselves from responsibility for their own actions. That woman's first reaction should have been, "I was so stupid," and never should have been, "who did this to me."

[Joe Smith @ Feb 2nd 2006 12:16PM]

funny the 87 yr old mcdonalds lady wasn't an old man. but then again, men are more careful with their delicate organs. do women even ever THINK about protecting their privates?

[SideSwipe @ Feb 2nd 2006 12:17PM]

115dB is fecking loud - there's no way anyone could reasonably tollerate music that loud for any duration, it would just cause pain more than anything.

Someone should slap this guy.

[Aaron G. @ Feb 2nd 2006 12:20PM]

I really can't believe what you people are saying.

IIRC, iPods in Europe won't go over a certain volume, so as to avoid hearing loss. All Sony MD players I've had used AVLS (Automatic Volume Limiting System) which you have to override to turn up the volume over a certain point.

This is a public health issue, and it's not going to get much better until people start suing over it, since the legislation on it hasn't really gone anywhere yet. Rock concerts are too loud. Clubs are frequently too loud. Listening to your iPod at a volume loud enough to drown out the bus/subway/office/etc (with non-isolating headphones) is most likely loud enough to cause hearing damage. People are developing hearing loss and tinnitus at a much younger age.

Many of you are missing the point that most products DO in fact have warnings all over them. The speed limit is posted on the street, and your car's manual will tell you to observe posted speed limits and drive safely. A hammer has a warning label on it telling you to use it for its designed purpose and to wear eye protection. An audio device that could damage your hearing should have a warning label cautioning you as to that possibility.

[Nate @ Feb 2nd 2006 12:33PM]

Big Government Should Do All of Our Thinking and Operating for Us: this is what seemingly many ignorant people implicitly believe, and they don't even know that they do or why.

If you are ignorant, please pay attention for the first time in your life....

Don't try to hold people responsible for you who are already being responsible for themselves. Be responsible for yourself, starting now. If you don't know which war to select, you will never choose your battles wisely.

Which war should you select? you ask. First off, I shouldn't have to select one for you. Do everyone, and especially yourself, a favor. Resolve not to be an idiot and begin by studying Psychology, Cognition, Philosophy, and Mathematics. That's right: not the Bible or Theology, for anyone else who might be wondering how responsibility is compatible with Atheism.

Once you recognize that you're an idiot, you'll be well on your way to being an intelligent idiot, wondering in sorrowful reproach why it wasn't obvious to you before that you were a totally ignorant idiot. Congratulations! You have effectively declared war against your own stupidity and inoperability in reality.

Sorry for being brash, but I don't expect you, the ignorant idiot, to detect the hint anyway.

[Desides @ Feb 2nd 2006 12:33PM]

"4. the american judicial systeme is weird....u can literally sue somebody over anything:D:D"

Only if the value of whatever is being sued over is $20 or more. Of course, when the Constitution was written, $20 was worth a hell of a lot more.

[Pal @ Feb 2nd 2006 12:41PM]

Isn't it common sense?

Sometimes I see people in the subway where I can hear what genre of music they're listening to just by standing near them (usually rap, emo stuff or pop - all generally bland). It's a disturbance, I wish I could pull the plug out of their iPods.

Be a nuisance and get what you deserve.

[justagirl @ Feb 2nd 2006 12:42PM]

Is Aaron G. serious? "This is a public health issue, and it's not going to get much better until people start suing over it, since the legislation on it hasn't really gone anywhere yet. Rock concerts are too loud. Clubs are frequently too loud." Are you freakin' serious? If it's too loud, don't go. If your iPod is too loud, turn down the volume. I don't think America needs anymore legislation except to stop frivolous lawsuits.

[Jared @ Feb 2nd 2006 12:49PM]

I think the spirit of the warning found on some table-saws says it best...

"DO NOT TOUCH SPINNING BLADE"

[whitfit @ Feb 2nd 2006 12:57PM]

Why doesn't apple make the stock earphones quieter so that the machine can still drive other earphones that are higher impedence (or whatever it is that makes it harder to drive them)? And, ya - I do think that there are a lot of frivolous law suits, but I am a law student and I do think that the general perception that there are a ton of those types of suits is overhyped in the general public. This type of suit is always picked up and talked about, but that doesnt mean that many of the product defect suits that are not strewn over the paper aren't valid.

[Aaron G. @ Feb 2nd 2006 12:59PM]

#44 - Yeah I'm serious. Look, if lasers were unregulated, and you went to a concert where the lasers kept hitting you in the eye, and most of the audience got eye damage from it, would that be OK?

Check out http://www.dangerousdecibels.org/ for more information.