Apple faces suit over iPod-related hearing loss

By Ina Fried on 03 February 2006
Apple iPodsA Louisiana man has filed a class action suit against Apple Computer, saying the computer maker has failed to take adequate steps to prevent hearing loss among iPod users.

The suit, filed on Tuesday in US District Court in San Jose, California, charges that the iPod music player can produce sounds of up to 115 decibels even though some studies suggest that listening to music at that level for 28 seconds a day can cause damage over time. The suit, filed on behalf of John Kiel Patterson and all other iPod buyers, seeks monetary damages to compensate for the hearing loss suffered by iPod users, as well as a share of Apple's iPod profits.

The suit also seeks to force Apple to offer a software upgrade to limit the iPod's output to 100 decibels as well as provide headphones designed to block out external noise.

"Millions of consumers have had their hearing put at risk by Apple's conduct," the suit states.

An Apple representative declined to comment. The company has faced other suits over the iPod, including one over complaints that the devices scratch too easily. Apple reached a settlement in another case, related to the battery life of early iPods.

The latest court action follows several news articles quoting hearing experts who warn that prolonged digital music player use at high volumes may put people at risk of hearing loss.

Apple does caution customers in its iPod user manual, with a section labelled "Avoid Hearing Damage."

"Warning: Permanent hearing loss may occur if earphones or headphones are used at high volume," Apple states in the manual. "You can adapt over time to a higher volume of sound, which may sound normal but can be damaging to your hearing. Set your iPod's volume to a safe level before that happens."

The suit charges that the warning from Apple is inadequate because it fails to advise people what constitutes a "high volume" or a "safe level."

Apple was forced to limit the output of iPods to 100 decibels in France, although the suit claims that Apple has not done so in the US and that even that level is "still not safe."

Patterson's suit cites National Institute for Occupational Safety and Health data that sets a safe exposure limit for noise of 85 decibels for eight hours a day. For each 5-decibel increase, the safe exposure time drops by half, the suit says.

The suit was brought by lawyers at Hagens Berman Sobol Shapiro, one of two firms that filed the iPod scratching suit.

Topics: apple, hearing, court, loss, scratch, sue, damage, ipod, mp3, db

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Comments (8)

  • Vijee commented on 02/06/2009 12:25 Report abuse

    http://www.cnet.com.au/toshiba-gigabeat-x30-30gb_specs-240060708.htm

  • Vijee commented on 02/06/2009 12:24 Report abuse

    Ronnie Check this link for Toshiba X30 Specx.

  • Jackson commented on 02/06/2007 07:37 Report abuse

    The problem is we'll all have to pay for these people's hearing aids and cochlear implants after they've shot their hearing to Hades. So, in a way, it is our problem too.

  • Broque commented on 16/05/2007 09:50 Report abuse

    yeah for real....i really dont give a S%$T whether it says to watch it or not, if i am gonna turn it up then hell i am taking that chance aight? it dont take a friken rocket scientist to figure out anything can hurt your ear's probably or especially headphones... but guy you took the chance and you'r obviously crying about it....pshhh

  • Ronnie commented on 21/04/2006 17:56 Report abuse

    I bought Toshiba's 30gb X30, its nice, sound and picute quality is very good. As I bought it from Japan, the user manual is in Japanese, which I could not translate in English. Is it possible to find an English manual?

  • Jack commented on 04/02/2006 11:15 Report abuse

    why do so many people automaticly look for someone else to blame for something that is really their fault. every other portable audio device that i can think of doesnt limit volume and lots dont warn you at ALL about hearing loss. It was your decision to turn the volume up, for f**k's sake, take responsibility for your own actions. IT IS YOUR FAULT. no one told you to turn the volume up, apple warns you not to, i hear all the time about hearing damage from earphones. for all we know the person who is sueing apple didnt even read the warnings before he used his ipod, just cop it, its your fault, you own it

  • Ryan commented on 04/02/2006 00:13 Report abuse

    People should use the thing call common sense,when was the last time Steve Jobs came along and turned the volume up to max on your iPod? if your to dumb to know that having your iPod set at 125 decibells is bad for your ears, then thats your own problem, besides, apple does warn not to have your iPod set to loud, just look in your manual!

  • Code_ex commented on 03/02/2006 10:28 Report abuse

    When will people learn to take some responsibility for their own actions. Apple has not in any way forced people to buy iPods and they definately aren't the ones that are turning the volume up to stupid levels. Come on people, it's about time everyone grew up, we waste way too much time on civil lawsuits these days, get the hell on with your lives.

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