Well, it just got crazier and Apple just got handed another lawsuit.

The newest lawsuit comes from John Kiel Patterson in Louisiana, who is suing Apple in a class action lawsuit, because he claims that the iPod causes hearing loss.

Now, I wrote a post earlier, on the damage ear buds can cause hearing.

But, I still disagree with this lawsuit and I really believe its just a means of getting money. After all Mr. Patterson hasn’t said if he has had damage to his hearing.

I’m thinking that he hasn’t or else it would make the case a lot stronger (i.e. “Look what they did to me. . . I’m deaf!”).

He stated in his complaint that iPods are “inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.”

His lawyer stated:

“He’s bought a product which is not safe to use as currently sold on the market. He’s paying for a product that’s defective, and the law is pretty clear that if someone sold you a defective product they have a duty to repair it.”

Now, I do acknowledge that ear buds can cause hearing loss because they are closer to the ear and subject the ear to around 120 dB of sound, but I just don’t think this man has a case.

I agree entirely with Deanna Mienke. She is an audiology professor at the University of Northern Colorado and this is what she had to say:

“We have numerous products in the marketplace that have the potential to damage hearing. The risk is there, but the risk lies with the user and where they set the volume.”

After all, a car can be unsafe if used improperly. If I smash my car I can’t sue Ford, or Mercedes, or Ferrari. In most cases I will be held responsible and even charged if someone else got hurt.

We still sell cars and we still buy them. The risk is totally on the user even though the instrument can prove dangerous.

I just think that you can’t sue for (your) stupidity.

Unfortunately, Apple has had to have all iPods in France reduced to output only a maximum of 100 dB of sound. They haven’t set that for all iPods, though things could change in the USA because of this lawsuit.

Source: CNN.com

Technorati: Gazotto, iPod, Apple, lawsuit, ear, buds.