iPod user sues Apple over hearing loss [UPDATED]

According to a court filing, a Mr. John Kiel Patterson filed suit against Apple Computer, Inc. yesterday in San Jose, California federal court.

Patterson’s lawsuit accuses Apple of marketing defective products that damage the hearing of those who use the devices, specifically iPods. Patterson is seeking class action status for his suit. Patterson’s complaint seeks a court order that would require Apple to upgrade the product and compensate victims for hearing loss.

“The IPod players are ‘inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss,” according to the complaint, filed Tuesday in U.S. District Court in San Jose, Calif., on behalf of John Patterson of Louisiana,” The Associated Press reports. “Patterson does not know if the device has damaged his hearing, said his lawyer, Steve Berman, of Seattle. But that’s beside the point of the lawsuit, which takes issue with the potential the IPod has to cause irreparable hearing loss, Berman said… Apple ships a warning with each IPod that cautions ‘permanent hearing loss may occur if earphones or headphones are used at high volume.’ The company was forced to pull the IPod from store shelves in France and upgrade software on the device to limit sound to 100 decibels, but has not followed suit in the United States, according to the complaint.”

Full article here.

{Update: 9:32pm EST: Added info from Associated Press report with link.]

MacBook Pro. The first Mac notebook built upon Intel Core Duo with iLife ’06, Front Row and built-in iSight. Starting at $1999. Free shipping.
iMac. Twice as amazing — Intel Core Duo, iLife ’06, Front Row media experience, Apple Remote, built-in iSight. Starting at $1299. Free shipping.
iMac and MacBook Pro owners: Apple USB Modem. Easily connect to the Internet using dial-up service. Only $49.
iPod Radio Remote. Listen to FM radio on your iPod and control everything with a convenient wired remote. Just $49.
iPod. 15,000 songs. 25,000 photos. 150 hours of video. The new iPod. 30GB and 60GB models start at just $299. Free shipping.
Connect iPod to your television set with the iPod AV Cable. Just $19.

Related articles:
Girl gets gift of hearing thanks to cochlear implants, asks for Apple iPod for Christmas – December 23, 2005
Hearing Loss News: iPods can damage your ears – July 11, 2005


  1. Buffoon. This is why people in the EU laugh at our sue-happy citizens. They have a concept of “personal responsibilty”.

    Hope he spills a nice lapful of hot McDonalds coffee on himself on his way to court.

  2. how, exactly, does this dipstick expect Apple to “upgrade” the iPod? further, this braindead wanker doesn’t know enough to turn down the volume on his iPod, yet he’s considered intelligent enough to vote? the mind boggles…

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.