Apple wins iPod hearing loss lawsuit

Dec 31, 2009
An Apple iPod plays an iPod commercial at an Apple Store in July 2009 in San Francisco, California. A US appeals court on Wednesday upheld the dismissal of a class action lawsuit filed against Apple Inc. which claimed the iPod was defective and could cause hearing loss.

A US appeals court on Wednesday upheld the dismissal of a class action lawsuit filed against Apple Inc. which claimed the iPod was defective and could cause hearing loss.

"The plaintiffs simply do not plead facts showing that from iPod use is actual or imminent," the San Francisco-based US Court of Appeals for the Ninth Circuit said in upholding the ruling of a district court.

"The iPod has an 'ordinary purpose of listening to music,' and nothing they allege suggests iPods are unsafe for that use or defective," the court said.

The suit against was filed by Joseph Birdsong of Louisiana and Bruce Waggoner of California. They claimed the iPod "is defective because it poses an unreasonable risk of noise induced hearing loss."

Birdsong and Waggoner said the iPod is capable of playing music as loud as 115 decibels and users may listen at unsafe levels.

"Taken as true, such statements suggest only that users have the option of using an iPod in a risky manner, not that the product lacks any minimum level of quality," the court said.

The also noted that Apple issues a warning with each iPod which states that "permanent hearing loss may occur if earphones or headphones are used at high volume."

Apple sold 10.2 million in the latest quarter of its financial year.

Explore further: Microsoft to launch first flagship store outside US in Sydney

Related Stories

Apple files 2nd countersuit against Creative

Jun 08, 2006

(AP) -- Apple Computer Inc. has filed a second countersuit against SIngapore-based Creative Technology Ltd., intensifying its legal battle against the smaller media player rival that sued the iPod maker for ...

HP Adds iPod shuffle to Digital Music Player Lineup

Jul 01, 2005

Rounding out its lineup of digital music players, HP today added the Apple iPod shuffle from HP. HP is offering two models: the $99.99 512 megabyte version, which holds up to 120 songs, and the $129.99 1 gigabyte version, whi ...

New iPod mini Starting at Just $199

Feb 23, 2005

Apple® today unveiled the second generation iPod® mini lineup with a new 4GB model priced at just $199 and a new 6GB model with 50 percent more storage priced at $249. Both iPod mini models feature increased ...

Recommended for you

IBM earnings dip as sales fall again

10 hours ago

Technology heavyweight IBM reported Monday lower profits in the first quarter following another drop in revenues, this time partly due to the strong dollar.

Global, Chinese automakers debut new car models

22 hours ago

Ford showed off its new Taurus and Nissan unveiled a midsize sedan designed for China on Monday at a Shanghai Auto Show that highlighted the commercial resurgence of lower-priced Chinese auto brands.

Germany still has some way to go to 'smart factories'

Apr 19, 2015

Collaborative robots and intelligent machinery may have wowed the crowds at this year's Hannover Messe, but experts see German industry as having some way to go towards incorporating them on factory floors ...

User comments : 0

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.