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Apple Wins Ruling on Alleged iPod Hearing Loss Claim
A 2008 District Court ruling that Apple Computer Inc. is not responsible for noice-induced hearing loss among iPod users has been affirmed by a U.S. Federal Appeals Court. The Court rejected claims that iPod digital music players were not fit to be sold because the earbuds are to be placed deep inside the ear canal on the basis that it was not alleged by the Plaintiffs that iPods failed to perform the function they were designed for. The Plaintiffs also failed to prove that they or any other users had suffered, or that it was substantially evident they would suffer, hearing loss due to use of the devices. The Plaintiffs' plea of potential risk to themselves and other unidentified users lacked enough certainty to support the claim. Although iPods play music up to 115 decibels and the devices do not carry notices of the volume capacity, the user manuals includes a noise warning sufficient to meet safety and disclosure standards.
For additional information, visit:
http://www.cbc.ca/health/story/2009/12/30/ipod-hearing-class-action.html