PDA

View Full Version : Apple Sued Over Potential Hearing Loss




nichos
Feb 1, 2006, 10:41 PM
From yahoo!:
http://news.yahoo.com/s/ap/20060202/ap_on_re_us/apple_ipod_lawsuit
"A Louisiana man claims in a lawsuit that Apple's iPod music player can cause hearing loss in people who use it."
...
"The Cupertino-based company ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume.""

Can't the judge dismiss this, and say it's natural selection?:)



CoMpX
Feb 1, 2006, 10:43 PM
Wow, I didn't know a music player could cause hearing loss! (sarcasm :D ) But seriously its not Apple's fault that you like to listen to your player with full volume all the time. This happens with any music player. I hate when people sue over their own stupidity. :mad:

t^3
Feb 1, 2006, 11:10 PM
http://news.yahoo.com/s/ap/20060202/ap_on_re_us/apple_ipod_lawsuit

People are so desperate to make money off the iPod these days...

[Note from moderator: threads merged]

Chaszmyr
Feb 1, 2006, 11:13 PM
Isn't the maximum volume of a device like the iPod set by the government, not the manufacturer? (If you'll recall, Apple had to make european iPods quieter to comply with EU laws)

FoxyKaye
Feb 1, 2006, 11:16 PM
Hey - if this case gets any traction, I can go after Sony for contributing to my hearing loss with the Sony Walkman (the original old skool tape model)!

Anyone else here think this is going to settle out just like McDonalds and the "Caution! Hot Beverage." warnings on their coffee? I can see it now - all new iPods have a sticker attached that says, "Caution, excessive volume can induce hearing loss."

katie ta achoo
Feb 1, 2006, 11:16 PM
ugh.. everyone's suing everyone these days.

IF YOU LISTEN TO MUSIC REALLY LOUD, YOU WILL SUFFER SOME HEARING LOSS.

Geez... if it's so loud it's uncomfortable, it's bad.
GEE WHIZ, DISCOVERY OF THE CENTURY!!1!!1!

These "sue happy" people really frost my cupcakes.

and about the article's pics:
Heck yeah, it's a 3G iPod with a PowerBook of love!
and
WHY DOES THAT YAHOO WIDGET LOOK SO FAMILIAR?
*presses F12*
AHHH!! stop that!

why am I so angry tonight?

..BECAUSE OF SUE-HAPPY PEOPLE LIKE THIS!! ARGHH!
(and also my recital which is very soon and tendinitis is starting to kick in again, so I may not be able to play for it, but it's a requirement for graduation and ohhh noooo.... stress much college apps, even though I'm just applying for UH.. uh oh...)

2nyRiggz
Feb 1, 2006, 11:22 PM
Yea well people sue ove anything. we like to call this case common sense.


Bless

joepunk
Feb 1, 2006, 11:24 PM
For me music is ment to be played loud. Of course I run the risk of loosing my hearing but to me music is without a doubt ment to be loud. Of course I don't have the volume any higher than half way on the most loudest of days when I walk past traffic on my way to school.

Don't panic
Feb 1, 2006, 11:24 PM
"Caution, excessive volume can induce hearing loss."
it actually already does.
this one will be tossed.

AP_piano295
Feb 1, 2006, 11:33 PM
ohhh... I just beat myself across the head multiple times with my laptop, im gunna go sue apple nobody told me that would hurt.

I crashed my car and was seriously injured... mebe cars should be made from marshmallows and top out at four miles and hour, that way nobody can hurt themselves with it.

GOD WE AMERICANS ARE SO STUPID

mad jew
Feb 1, 2006, 11:35 PM
Didn't Apple invent a sound for this exact purpose?...

Maybe continue here... (http://forums.macrumors.com/showthread.php?t=177580) :)

nichos
Feb 1, 2006, 11:36 PM
This happens with any music player. I hate when people sue over their own stupidity. :mad:
Yeah, good point, maybe the complaint is because theres not enough warnings? Don't understand these things myself.

Dr. Dastardly
Feb 2, 2006, 12:04 AM
GOD WE AMERICANS ARE SO STUPID
I really don't think its so much stupidity as it is American greed.


IF YOU LISTEN TO MUSIC REALLY LOUD, YOU WILL SUFFER SOME HEARING LOSS.
You said that pretty loud...

*serves papers* ;)

ezekielrage_99
Feb 2, 2006, 12:14 AM
I really do wish sometimes sheer stupidity and greed would just kill then same way cancer does...... now that would be natural selection with a good outcome :D

Daveway
Feb 2, 2006, 12:19 AM
I swear I don't live in Louisiana.:rolleyes::p

Abstract
Feb 2, 2006, 12:21 AM
Oh that's funny, because before I read this article I didn't know that Apple invented SOUND! Maybe he should sue everything that can make loud noise.

Maybe I should sue car companies because of the potential of getting into a car accident.

Maybe I should sue this man from Louisiana for being so dumb that reading this article has actually caused my heart rate to rise, which may potentially cause health issues later on.

bousozoku
Feb 2, 2006, 12:36 AM
I really don't think its so much stupidity as it is American greed.

Sleazebag lawyers weren't making enough money lately so they found a new scheme.

Why don't they sue the t.v. manufacturers for allowing people to sit too close and ruin their eyes years ago?

People might hurt their teeth temporarily drinking a cold drink because their refrigerator keeps things really cold.

There should be a warning on lamps so that you don't blind yourself when you're replacing the bulb.

~Shard~
Feb 2, 2006, 12:38 AM
What an idiot. I think I'll sue Toyota then since the factory sound system in their Camry, when turned up to maximum, gives me hearing loss. :rolleyes:

Bern
Feb 2, 2006, 12:39 AM
I really don't think its so much stupidity as it is American greed.

Ditto, what the heck is going on over there?

~Shard~
Feb 2, 2006, 12:44 AM
Ditto, what the heck is going on over there?

It's just the good ol' US of A - just shake your head and let it go, trust me, it's for the best... :rolleyes:

nichos
Feb 2, 2006, 12:47 AM
Patterson's suit said he bought an iPod last year, but does not specify whether he suffered hearing loss from the device.

So what does he want to accomplish? IANAL, but don't class action suits usually result in a small payout to the people involved?

me_94501
Feb 2, 2006, 01:16 AM
"WARNING: Jumping off this bridge may cause premature death. Do not attempt."

betbest1
Feb 2, 2006, 01:23 AM
Is it true that in Europe, iPods have a volume cap built-in to their firmware?

Timepass
Feb 2, 2006, 01:30 AM
You all are just complaining because it is apple getting sued. I mean come on if it was M$ getting sued you would be cheering......

I cannt do it. This guy is an idoit and it is his own stupid fault for playing it 2 loud.

LethalWolfe
Feb 2, 2006, 01:48 AM
Is it true that in Europe, iPods have a volume cap built-in to their firmware?

Yes.


Lethal

Counterfit
Feb 2, 2006, 02:05 AM
You all are just complaining because it is apple getting sued. I mean come on if it was M$ getting sued you would be cheering......

I cannt do it. This guy is an idoit and it is his own stupid fault for playing it 2 loud.
If they were being sued for this, I would only cheer when the suit got thrown out. This guy is a ****ing nimrod.

So close, but no cigar (http://forums.macrumors.com/showthread.php?t=177580). Thread merge anyone?

Glenn Wolsey
Feb 2, 2006, 02:13 AM
Honestly, this is pathetic. I understand how the Apple iPod can (and could) cause hearing loss, but Apple cannot monitor the volume the user listens too it at.

I dont believe anyone should be able to sue a company for something the user did wrong, even if i could make a huge financial gain by listening too my iPod too loud, then suing Apple, its not something anyone in their right mind would do.

Users fault, case should be withdrawn.

*End Rant*

Honestly, this is pathetic. I understand how the Apple iPod can (and could) cause hearing loss, but Apple cannot monitor the volume the user listens too it at.

I dont believe anyone should be able to sue a company for something the user did wrong, even if i could make a huge financial gain by listening too my iPod too loud, then suing Apple, its not something anyone in their right mind would do.

Users fault, case should be withdrawn.

*End Rant*

Deepdale
Feb 2, 2006, 02:28 AM
Maybe I should sue car companies because of the potential of getting into a car accident.


Let's not forget to include Safari and search engines since they provide the fast lane to countless websites showcasing pornographic images.

Labi
Feb 2, 2006, 04:05 AM
Driving too fast can cause much more then hearing loss, yet I've never heard of someone suing a car company because his car was too fast. Why? because it would be stupid, as is the case with the iPod. There are countless devices that can cause countless damages if used inproperly. Ice pick comes to mind :eek:

solvs
Feb 2, 2006, 05:12 AM
You all are just complaining because it is apple getting sued.
Well maybe, but it's pretty stupid. If people sued Sony for the same type of thing, I'm sure we'd think that was just as stupid. This is just someone trying to cash in. Apple should sue their lawyer for taking the case since the warning label they already put on the iPods is there just for this type of stupidity.

rdowns
Feb 2, 2006, 05:26 AM
Americans are out of control with these damn frivolous lawsuits. We need reform in this area big time.

My nephews stroller has a sticker that says, "WARNING, do not fold stroller when child is seated". What neanderthal caused this sticker to be needed? I'm sure a lawsuit was involved.

Chip NoVaMac
Feb 2, 2006, 08:06 AM
I really don't think its so much stupidity as it is American greed.

Yeah, reminds of a guy here in Virginia that sued Toyota and won. Toyota's "crime"? Failing to warn passengers that having the seatback fully reclined renders seatbelts and airbags ineffective in preventing serious injury. :eek:

It is this iPod lawsuit that is causing demands for tort reform that will end up hurting those that have true claims against manufacturers for bad design choices.

So what does he want to accomplish? IANAL, but don't class action suits usually result in a small payout to the people involved?

Generally, yes. But those "activist" judges are at it again. IIRC the judge in the Netflix CAL sent the deal back because it did not serve the injured parties properly. Many CAL's are a financial boon to companies, because it requires the injured parties to buy other products and/or services from the offending company.

iGary
Feb 2, 2006, 08:09 AM
I'm suing my power company.

I stuck my weiner into a power socket. How dare they have live current in there?

mkaake
Feb 2, 2006, 08:29 AM
Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. 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.

Yeah, and I'm going to sue Wustof because my knives have the potential to cause irreparable loss of life... :rolleyes:

Thomas Harte
Feb 2, 2006, 08:34 AM
I really don't think its so much stupidity as it is American greed.
Americans are out of control with these damn frivolous lawsuits. We need reform in this area big time.
It's even funnier here in the UK. There is the general perception of a growing compensation culture that is creating many frivilous cases, such as one individual suing his local supermarket because they put a flier halfway through his letterbox and his dog injured itself trying to jump up and grab it. Such things get heavily reported and the myth grows. Then the case goes to court, gets thrown out at the first instance (which doesn't get reported) and the Claimant ends up saddled with costs. This is also the reason that many of the "no win, no fee" personal injury firms that suddenly appeared after a liberalisation of the financing rules a few years have silently vanished.
Is it true that in Europe, iPods have a volume cap built-in to their firmware?
Within the European Union the limit on these things is 105 dB, which is exactly as high the iPod goes in this territory. I wouldn't want to speculate on rogue states such as Switzerland.

Tymmz
Feb 2, 2006, 09:14 AM
I wish for a happy ending, because I don't want iPods which only play on low volume, because of some greedya#§ money-hungry lowlifes.

But I'm in the EU, so I'm more worry about the fellows in the U.S..

If he wins good luck with the "high-volume-hack".

Chip NoVaMac
Feb 2, 2006, 09:15 AM
I'm suing my power company.

I stuck my weiner into a power socket. How dare they have live current in there?


That is truly shocking, iGary! :D :D :D

Sorry, the devil made me do it. :)

Tymmz
Feb 2, 2006, 09:26 AM
Let's not forget to include Safari and search engines since they provide the fast lane to countless websites showcasing pornographic images.

I hope you had to do a driving-test before you got your license.

We should not forget, that people of all ages use the iPod and I think it's a good idea to have a volume-limit build-in in such devices as the iPod so 13-year-old Sandy won't suffer any hearing-damage by listening to David Hasselhoff 's "Hooked On A Feeling" (she already must have suffered some brain-damage).

Veldek
Feb 2, 2006, 10:20 AM
Maybe I should sue car companies because of the potential of getting into a car accident.IIRC, there was this man who bought a campmobile and while driving went into the back to make some coffee. Of course, he crashed. Then he sued the manufacturer of the campmobile for not writing into the manual that you mustn't cook coffe while driving and... won. Since then this sentence is printed into the users manual...

jkeithh
Feb 2, 2006, 12:42 PM
And of course it was an idiot from Louisiana. This is just another example of why I am so embarassed to tell people I live in Louisiana. :rolleyes:

ziwi
Feb 2, 2006, 12:52 PM
Apple today filed a counter suit to those who claimed hearing loss from iPods stating that since their fingers did not work that they came about the iPod illegally - Job's was quoted as saying, "how can one not have the ability to control the volume with their fingers, yet order an iPod online or hand someone a credit card or cash?" In a subsequent statement Job's compared this lawsuit to Apple suing people who purchased "uncool" music from iTunes.


What a farce - if you can not control the volume - IT'S YOUR FAULT!

The same people have lawsuits against McDonald's because they are fat and tobacco because they can't stop smoking and the casino's because they can't stop gambling, etc.

Toss it out!

MarkCollette
Feb 2, 2006, 03:58 PM
Do iPods have AVLS ? Keep in mind that different songs have different average and maximum volumes, so if you use a safe volume for one song, that might not be enough for another song. It has to automatically cap the decibels. Asking someone to turn the volume down themselves is insufficient, because with background music, you might only notice it's too loud too late.

Also, it's not as simple as choosing an arbitrary decibel level, like 100 dB, because lower levels can still cause hearing loss, it just depends on the duration of exposure. So, say you drive to work in 30 minutes, than you can listen to louder music than you could while at work for 8 hours.

Here's a list of decibel levels, and safe durations, from the Mayo Clinic (http://www.mayoclinic.com/health/hearing-protection/WL00032). From reading it, I'd personally like AVLS options of: Off, Safe all day (90 dB), Safe album (100 dB), Child safe (80 dB). Well, maybe with better names, but you get the idea. Also, I chose those decibel levels, but I'd obviously prefer a more informed choice.

rdowns
Feb 2, 2006, 04:11 PM
I'm suing my power company.

I stuck my weiner into a power socket. How dare they have live current in there?

I love a permed, er, um, area.

Wes Jordan
Feb 2, 2006, 05:14 PM
I swear I don't live in Louisiana.:rolleyes::p

Me neither:cool:. This story fits the stereotype.

ph0rce
Feb 2, 2006, 05:25 PM
well i'm an ipod user for two years now, and yeh, my hearing is crap now... i am 15 and in the last two days at school i have not heard the bell go once!... i am told it's not just broken lol...

but i'm not genna sue apple am ! it's my fault if i lisnen to to much music... why do you think apple's ipods come with poor batteries... :P

dcv
Feb 2, 2006, 05:30 PM
This story makes me roll my eyes so much that now they hurt. I must sue someone for that. :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes:

~Shard~
Feb 2, 2006, 06:02 PM
This story makes me roll my eyes so much that now they hurt. I must sue someone for that.

I hope Arn has good lawyers! :eek: :D

Jaffa Cake
Feb 2, 2006, 06:09 PM
This story makes me roll my eyes so much that now they hurt. I must sue someone...Actually, I strained my eyes a little reading all the white text people were adding to their posts.

You'll be hearing from my solicitor. :cool:

Counterfit
Feb 2, 2006, 06:12 PM
That is truly shocking, iGary! :D :D :D

Sorry, the devil made me do it. :)
I wish people would stop blaming me for all their problems. :mad:







:p

betbest1
Feb 2, 2006, 06:57 PM
Isn't it interesting that Apple doesn't warn people about potential hearing problems, but all iPod- and iTunes-related literature says "Don't Steal Music". They're more worried about protecting their profits than their customers.

SharksFan22
Feb 2, 2006, 07:14 PM
Yeah, another case of someone not wanting to take responsibility for their own actions and choices.

With the logic this case presents, then why is it legal for alcohol beverage makers to produce bottles that contain enough alcohol to kill you if consumed in one sitting?

mojohanna
Feb 2, 2006, 07:42 PM
Patterson's suit said he bought an iPod last year, but does not specify whether he suffered hearing loss from the device.

So what does he want to accomplish? IANAL, but don't class action suits usually result in a small payout to the people involved?
YEs the only people who make $$ are the frikin lawyers who encourage this sort of crap. This is the part of the reason why things like healthcare in the US is so out of wack expensive. GD lawyers, most all of them should be shot and not allowed a decent burial. Sorry, did that just come out of my mouth???

Loge
Feb 2, 2006, 08:13 PM
Isn't it interesting that Apple doesn't warn people about potential hearing problems, but all iPod- and iTunes-related literature says "Don't Steal Music". They're more worried about protecting their profits than their customers.

Huh? Apple ships a warning with each iPod that states “permanent hearing loss may occur if earphones or headphones are used at high volume.”

kretzy
Feb 2, 2006, 08:17 PM
There's already a thread on this here (http://forums.macrumors.com/showthread.php?t=177604).

solvs
Feb 2, 2006, 10:17 PM
There's already a thread on this here (http://forums.macrumors.com/showthread.php?t=177604).
This one was made first. ;)

And yeah, big warning right there. Put there to stop frivolous lawsuits just like this. Guess the guy is blind as well (although they have brail instructions available if need be). Sometimes I wish they weren't there. The people who need to read them most don't anyway. I'm a big believer in natural selection when it comes to (supposed) adults.

drater
Feb 3, 2006, 12:34 AM
could people get any greedier (is that a word?), seriously, i think my new profession is going to be sitting around my house and think of things i can sue people about....maybe the postal service, i did recieve a small but painful paper cut due to the way the mail man put the mail in my mail box....ridiculous!

Mechcozmo
Feb 3, 2006, 01:36 AM
So what does he want to accomplish? IANAL, but don't class action suits usually result in a small payout to the people involved?

Small payout to the people, HUGE payout to the lawyers.

You all are just complaining because it is apple getting sued. I mean come on if it was M$ getting sued you would be cheering......

I cannt do it. This guy is an idoit and it is his own stupid fault for playing it 2 loud.
I disagree on the first part, but agree on the second part. If Microsoft was sued because someone hung themselves with their Xbox controller, then I'd stand by Microsoft.

I'm against human stupidity more than I am against Microsoft. :)

Actually, I strained my eyes a little reading all the white text people were adding to their posts.

You'll be hearing from my solicitor. :cool:
Command+Option+Control+8
That'll be $142. Thank you.

And yeah, big warning right there. Put there to stop frivolous lawsuits just like this. Guess the guy is blind as well (although they have brail instructions available if need be)
Not to be mean... but how do you use an iPod if you are blind? Seems a bit hard. I guess I could see using the Shuffle... but not the other iPods...:rolleyes:

Counterfit
Feb 3, 2006, 02:44 AM
Asking someone to turn the volume down themselves is insufficient, because with background music, you might only notice it's too loud too late.
Even in that case, the user should take it upon themselves to get educated about preventing hearing damage. When the iPod isn't the only source of noise in the environment, Apple has very little control over whether the user has it set at a safe volume. It's not like they can predict every potential circumstance where a user might turn up the volume to overcome background noise.

iBlue
Feb 3, 2006, 03:36 AM
good grief! a lot like blaming forks and spoons for your big fat butt.

people amaze me.

solvs
Feb 3, 2006, 04:19 AM
Not to be mean... but how do you use an iPod if you are blind? Seems a bit hard. I guess I could see using the Shuffle... but not the other iPods...
You'd be surprised. I remember watching a woman who was blind use a Mac for the first time on Night Of The Tiger. She seemed to be able to get around pretty well, without any help. I'm sure blind people use iPods just like anyone else.

Now deaf people on the other hand... ;)

(oh, and I spelled braille wrong... :o sorry)

kwajo.com
Feb 3, 2006, 10:18 AM
Even in that case, the user should take it upon themselves to get educated about preventing hearing damage. When the iPod isn't the only source of noise in the environment, Apple has very little control over whether the user has it set at a safe volume. It's not like they can predict every potential circumstance where a user might turn up the volume to overcome background noise.

plus while iPods don't have AVLS, they do have Sound Check if someone wants to unify the volume levels of their music library

humantech
Feb 3, 2006, 10:32 AM
What has happened is nimrods like the plaintiff in this case have become decidedly UN-American and there are quite a few of them residing here now. They think that life exists to take care of them when the American spirit is more pioneering. Most Americans are good, hard working, honest people and jerks like this guy lower our collective EQ and our reputation. Get a job pal! Stop being so litigious. And remember. Lawyers can only sue someone AFTER they knock the P*ss out of you for being a jackass..... And unless the stupid lawsuits stop, I predict that good, average every day Americans may take the kid gloves off and start telling these people to their pathetic, whiny , greedy faces that they arent welcome here.....
Oh- and by the way. I felt the same way when the woman sued mcdonalds over hot coffee, and would feel the same way if someone sued microsoft over their xbox making them fat because they play videeo games too much. Also think the dork who ate Mcdonalds food 24X7 and supersized all his meals is a complete waste of a perfectly good piece of personal space. People need to get back to taking personal responsibility for their actions. With lack of personal responsibility comes moral bankruptcy, and with moral bankruptcy comes decay......
<whew> my rant is over.... carry on.....
:D

CompUser
Feb 3, 2006, 03:06 PM
To me that like the someone sueing because they were driving really fast in there car and jumped out the window. What? No warning label?

Fine, I'll look into the sun for an hour and then go try to sue someone because I went blind and an no one told me it was bad.

Jaffa Cake
Feb 3, 2006, 04:32 PM
Hmm... apparently, the lawyer who is taking this case to court doesn't just represent hearing-impaired iPod owners – he also lists Microsoft (http://www.ipoding.com/modules.php?op=modload&name=News&file=article&sid=2273) as one of his big clients.

That'll get the conspiracy-theorists twitching... ;)

kretzy
Feb 3, 2006, 07:32 PM
This one was made first. ;)

Oops, I forgot to check. :o :o :o

MarkCollette
Feb 3, 2006, 08:06 PM
Even in that case, the user should take it upon themselves to get educated about preventing hearing damage. When the iPod isn't the only source of noise in the environment, Apple has very little control over whether the user has it set at a safe volume. It's not like they can predict every potential circumstance where a user might turn up the volume to overcome background noise.

I think I adequately explained how, no matter how in-the-know a user is, without proper AVLS functionality, they can't guarrantee to protect themself from the iPod. It's certainly out of the realm of this lawsuit to include environmental hearing loss.

I don't think this lawsuit is frivolous. I think it's opportunistic.

MarkCollette
Feb 3, 2006, 08:18 PM
Oh- and by the way. I felt the same way when the woman sued mcdonalds over hot coffee, and would feel the same way if someone sued microsoft over their xbox making them fat because they play videeo games too much. Also think the dork who ate Mcdonalds food 24X7 and supersized all his meals is a complete waste of a perfectly good piece of personal space.

I'm not sure why you people are lumping in the McDonald's hot coffee lawsuit with actual real frivolous lawsuits. Her coffee was scalding hot, and spilled on her, in a way that was klutzily her fault, but yet quite likely to occur. The problem wasn't that she got slightly hurt, but that she got 2nd or 3rd (I can't remember which) degree burns, it was so hot. Ie, had she drank it, and not spilled it, she would still have been quite hurt.

I'm saying that there are degrees of responsibility on all sides. A person buying a product has the responsibility to purchase and use it properly. And manufacturers have a responsibility to make their products safe given standard operating modes.

For example, when I see signs on nature trails, by cliff edges, telling people to not fall off the cliff, I think how retarded that is. But, if there's a particular section of the trail that's atypically treacherous, then maybe that does warrant a sign.

For something like the iPod, I can understand making it so that it can make your ears bleed, because some people like red stains on their shoulders. But, I think that by default it should be setup so it can't hurt you. And there's just no excuse to not do that, given the prevalence of that feature in the marketplace.

If you disagree with me on this, then I suspect you're more of an Apple fanboy, and less of a rational consumer.

sushi
Feb 4, 2006, 11:30 AM
I hate when people sue over their own stupidity. :mad:
This bugs me. Sure hope the courts work and he gets nothing.

This would put all types of portable music systems at risk -- not just iPods.

Talk about stupidity. Gee, I didn't realize that was what the volume control is for...

Sometimes I prefer the Japanese system. Say you walk into a resturant and bang your head on a beam. They would say you are an idiot and be more careful next time. In the US, the person might end up owning the establishment.

Lawyers...

sushi
Feb 4, 2006, 11:33 AM
Yeah, another case of someone not wanting to take responsibility for their own actions and choices.
The American way it seems! :(

jadekitty24
Feb 4, 2006, 12:45 PM
This is just one example of what is so wrong with the court system today. A case this stupid should not even be heard. There are so many REAL important cases that get put off because the docket is so full of crap. People have to accept the risks of the products they use, or don't use them at all. Even if Apple didn't put warnings on their products, even if an iPod had an uncontrollably high deafening volume, do you HAVE to use one? Are you being forced to purchase one and ruin your hearing? Who's holding a gun to their head?
Uhhhgg...

moot
Feb 4, 2006, 01:05 PM
:eek: The things people do to earn a buck or two,

However, let's wait till the courts throw this out before criticizing too much. It is everyone's right to make a case of something. If not, the US would not be a free country. There are many countries in the world where people don't have the right or opportunity to sue when they feel they have been wronged.

Also don't forget, it is partly because of class-action suits that companies nowadays make a lot of effort to always think about the "what-ifs". Again, in many countries there is no stimulus for government, companies or individuals to be responsible for their actions.

Let the courts decide, that's what they are there for.

jamesW135
Feb 4, 2006, 09:18 PM
What is wrong with some people! Any Mp3 Player and or Any musical device can give you problems!:mad:

CoMpX
Feb 4, 2006, 09:33 PM
good grief! a lot like blaming forks and spoons for your big fat butt.

people amaze me.

I agree. So does this case mean that if you buy a lightbulb and stare at it and go blind, you can sue the company for making it too bright?! It's sickening what people will do for money.

Counterfit
Feb 4, 2006, 11:20 PM
I think I adequately explained how, no matter how in-the-know a user is, without proper AVLS functionality, they can't guarrantee to protect themself from the iPod. It's certainly out of the realm of this lawsuit to include environmental hearing loss.
Somehow, I have the feeling that anyone who isn't in-the-know about AVLS would just keep it off and crank it anyway. Even with it, if someone uses different headphones, or headphones with an amp, or if they use the iPod while in a loud environment (which you probably shouldn't be doing anyway), there's no guarantee that they won't experience hearing loss, but under those circumstances, would Apple still be even remotely liable?

MarkCollette
Feb 7, 2006, 04:29 PM
Somehow, I have the feeling that anyone who isn't in-the-know about AVLS would just keep it off and crank it anyway. Even with it, if someone uses different headphones, or headphones with an amp, or if they use the iPod while in a loud environment (which you probably shouldn't be doing anyway), there's no guarantee that they won't experience hearing loss, but under those circumstances, would Apple still be even remotely liable?

Well, if they do sue Apple, under those circumstances, I'll just strangle them to death with their earphone cord, and say that it's not my fault, because Apple made the earphone's unsafe :cool:

Counterfit
Feb 7, 2006, 11:09 PM
Well, if they do sue Apple, under those circumstances, I'll just strangle them to death with their earphone cord, and say that it's not my fault, because Apple made the earphone's unsafe :cool:
Sounds like you need a lackey for that plan, as it's a big country out there. I volunteer! :D

freeny
Feb 8, 2006, 10:10 AM
THIS JUST IN!!

Aparently Apple has secretly built in a new device that will allow iPod users to control the volume on iPods and avoid any new lawsuits in the future. Upon hearing this Microsoft has decided to do the same with its soon to be released mp3 player. Although the Microsoft version functions similarly to the iPods, designers claim that the Microsoft version will use ascending numbers instead of Apples trade marked volume bar.:eek: