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.]

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