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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LordRobin – Lawsuit was overturned in appeal.
Question?
Why wasn’t her grandson held responsible? He was driving, he was the one who slammed on his brakes causing dear grandma to spill her coffee. Or the brake manufactureer or the whatever reason caused him to brake suddenly, afterall there is no personal responibilty here.
And don’t think she didn’t think about suing him, it was just that the franchise had more money.
Whether the old lafy won isn’t the real issue, although winning seems to overshadow the moral point. If someone through the coffee on her, McDonalds was libel.
If Steve Jobs came and cranked up your iP0od against your will, sue him. Otherwise, seriously… shut the f……………………………………..!
Do you realize that in Europe, if you take someone to court and LOSE, you are responsible for the OTHER PARTY’S legal expenses?? Stops frivolous lawsuits. Can somebody please make this a law in America? I bet the lawyers would never allow that to happen here.
In today’s edition of “how to get rich quick.” Sue a corporation for your own stupidity. Today the iPod and tomorrow Sears… Just cut off a small part of your finger with a Craftsman saw and blame the saw. How about if you drown in a swimming pool you just sue the water company? Why didn’t the water company put a notice on a bill that you could die if you stay in this stuff for too long without a breath of air.
No, your honor I don’t have any common sense and the company did nothing to protect me from myself. Can I have my check now? America is getting dumber because we reward people for being stupid.
Soon to be taped onto the headphones when you open the box:
Warning, contents may be extremely loud.
” width=”19″ height=”19″ alt=”wink” style=”border:0;” />
ouch.
McD – Read this, http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm
This is the case from 2004, I think you’re referring to an older case.
Well said war. The lack of personal responsibility in this country is out of hand. We seriously need to adopt Europe’s take on this.
Do you suppose this lawsuit would have occurred if Pete Townsend hadn’t made news about his hearing loss from headphones?
Im going to sue the nature! it keeps blowing to much air into our state of florida.
Could you guys please repeat what you said, I didn’t quite get it the first time?
It would be terrible to put a limiter on the thing. I can’t get a good hot cup of coffee from some places because of the burn issue.
MDN “little” as in; keep the volume at a level that allows you to hear a little of the backround noise, and you should likely be o.k.
Apple’s lawyer: ” WHAT? I am sorry Mr. Mr. John Kiel Patterson, what did you say????”
For what it’s worth, iPods sold in Europe have volume levels limited to a preset threshold (you can thank the French for that). iPods sold in the US do not, so technically this lawsuit could have an ounce of merit.
Ref: http://www.innoq.com/blog/st/2004/06/13/eu_ipod_volume_limit.html
MacBill wrote:
“I bet the lawyers would never allow that to happen here.”
Especially not when many of America’s politicians are also lawyers. And to think people made such a stink when mere actors held office…
I like the European concept of the losing party paying the other side’s legal expenses (it’d be even better if the legal fees were immune to litigation, they would HAVE to be paid). Anything to help put an end to stupidity suits.
Extra: for Europeans wanting to have the same volume capabilities, see this site:
http://volumebooster.tangerine-soft.de/
MJr – No, he WON’T win… Not a chance in hell.
“For what it’s worth, iPods sold in Europe have volume levels limited to a preset threshold (you can thank the French for that). iPods sold in the US do not, so technically this lawsuit could have an ounce of merit.”
BS – The US ones do to. However, there is a piece of software to remove this if you are an idiot.
BTW. Headphones plugged into a stereo could blown your f-in head off if you turned them up all the way. This f**k is an idiot, and probably went to too many Metallica concerts, now he wants attention.
I’m suing Apple too.
These high res screens on the iMac are making the print smaller and smaller. I am going blind trying to read MDN.
C’mon! Who’s with me? Who’s with me?
Wasn’t this settled with Walkmans about 20 odd years ago?
Can you say “Summary Dismissal?”
hey LordRobin,
FU CK YOU.
I usually have a well-thought out argument against anyway dumb enough to post something that conflicts with my POVs on frivolous lawsuits, but my reply above will have to do for now.
Have a fantastic day leech
anyway=anyone
my drunken mistake
Americans and their frivolous lawsuits. What gives? Is this the new “American Dream”? Act irresponsibly and sue to get you and your slimy lawyers rich.
If this kind of disease is America’s brand of democracy and what they think the justice system is for, I sure hope it doesn’t spread.
For you apologists, flame on. I don’t give a…
R
“Whether the old lafy won isn’t the real issue”
Q. What is a ‘lafy’?
A. Okay, those keys are next to each other. Let’s let that one slide.
“If someone through the coffee on her”
Perhaps you meant ‘threw’?
“McDonalds was libel”
McDonald’s cannot “be libel”. Libel is a noun not an adjective. You mean ‘liable’.
The full sentence would make sense if you had said something like “If someone had thrown the coffee on her, then McDonald’s might have been liable”.
“If Steve Jobs came and cranked up your iP0od against your will, sue him. Otherwise, seriously… shut the f……………………………………..!”
Quickly glossing over the spelling of iPod, I would like to make a request.
If you can’t speak the language or don’t have the time to check your text before submitting it then please do yourself and everyone else the courtesy of limiting yourself to simple points and avoiding the temptation to hurl abuse or swear.
I’m losing my hearing from the whine coming our of my dual Opteron server. I swear my ears are ringing all night after leaving my office.
From the iPod manual:
http://manuals.info.apple.com/en/iPod_Click_Wheel_UserGuide.pdf
Avoid Hearing Damage
Warning Permanent hearing loss may occur if earbuds or headphones are used at high volume. 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 volume to a safe level before that happens. If you experience ringing in your ears, reduce the volume or discontinue use of your iPod.
I suppose he’ll still win… <sigh>
HAHAHAHAHAHAHAHAHAHaHHAHAHAHAHAHHAA
Who is this bloody moron??? Please would someone tell me?? HAHAHAHHAHAHAHAHAHA
If stupidity hurts, this guy would be in pain all fucking day!!!