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MacBytes
Feb 2, 2006, 12:11 AM
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Category: News and Press Releases
Link: Man sues Apple for hearing loss caused by listening to his iPod with the volume turned up. (http://www.macbytes.com/link.php?sid=20060202011124)
Description:: Isn't this the same guy who sued McDonalds for making him too fat?

Posted on MacBytes.com (http://www.macbytes.com)
Approved by Mudbug

LimeiBook86
Feb 2, 2006, 12:31 AM
Everyone knows that listening to something at a very high volume will have a negative effect on your hearing. It warns you about it in the documentation that comes with the iPod. The case will be thrown out in court and everyone will laugh. :D

ekalb39
Feb 2, 2006, 12:32 AM
Apple should just put a message on the iPod that says only for people with common sense. :D

rogueimage
Feb 2, 2006, 12:34 AM
The guy doesn't even actually have hearing loss, he's just suing because he potentially could? Let me follow this logic. He's "smart" enough to determine that the iPod could damage his hearing, and sue over it, but not smart enough to just not turn the thing up too loud? What's more, Apple already has a warning! If he wins, I will... well, okay, I've already lost all respect for civil courts. Can respect go negative?

On an unrelated note, I'm suing Craftsman for not warning me that their screwdrivers could rupture my intestines if... inserted improperly. Who's with me?
:rolleyes:

LimeiBook86
Feb 2, 2006, 12:45 AM
On an unrelated note, I'm suing Craftsman for not warning me that their screwdrivers could rupture my intestines if... inserted improperly. Who's with me?
:rolleyes:
Hahaha, I think this guy might be dumb enough to try that in court ;)

Nermal
Feb 2, 2006, 12:47 AM
Only in America :rolleyes:

me_94501
Feb 2, 2006, 12:48 AM
Yeah, I don't expect this one to make it. The warning is in the documentation. If you don't read the documentation, that's your problem, not the manufacturer's.

Mods: there are two other threads on this topic. consolidate?
http://forums.macrumors.com/showthread.php?t=177580
http://forums.macrumors.com/showthread.php?t=177587

Analog Kid
Feb 2, 2006, 12:58 AM
The guy doesn't even actually have hearing loss, he's just suing because he potentially could?

Actually, the guy apparently doesn't know if he's suffered hearing loss...
I recommend this one simple test: Can you hear me say "You freakin' moron!"?

winmacguy
Feb 2, 2006, 01:23 AM
The guy doesn't even actually have hearing loss, he's just suing because he potentially could? Let me follow this logic. He's "smart" enough to determine that the iPod could damage his hearing, and sue over it, but not smart enough to just not turn the thing up too loud? What's more, Apple already has a warning! If he wins, I will... well, okay, I've already lost all respect for civil courts. Can respect go negative?

On an unrelated note, I'm suing Craftsman for not warning me that their screwdrivers could rupture my intestines if... inserted improperly. Who's with me?
:rolleyes:
In that case all Porsche, Audi, Ferrari, Dodge Viper, Lamborghini, Aston Martin, Mercedes owners and owners who own other high powered sports carts should also sue the manufactures for the potential deaths caused from high speed road crashes that the owners may possibly have in their cars, and, while we are at it, all hand gun owners should sue Smith and Wesson, and all other hand gun manufactures because they could potentially be killed by their weapons.

Note The above mentioned cars and weapons should ALL come with a message warning the user of the possibility of death by car crash and/or death from shooting or being shot by ones self or another person on the side of the firearm.

With regards to the original article, what a fu*ken stupid law suite!:mad:

Esquare
Feb 2, 2006, 01:28 AM
The guy's a moron....

Correction: he's a deaf moron. :o

Superdrive
Feb 2, 2006, 01:52 AM
I've decided to sue Budweiser because there product made me sleep with an unattractive person resulting in personal trauma. Damages: [dr. evil]One hundred billion dollars.[/dr evil]

SiliconAddict
Feb 2, 2006, 02:27 AM
New Flash : "MacRumors user sues man for wasting his time in a pointless article about an idiot."


Hmmm I wonder if that would work. :rolleyes: :D

cwedl
Feb 2, 2006, 02:50 AM
Only in America :rolleyes:

Yeah! They're like I need some money, can't be bothered to work for it, lets just sue!

Bad Beaver
Feb 2, 2006, 03:14 AM
O beautiful for heroes proved In liberating strife.
Who more than self the country loved
And mercy more than life!
America! America!
May God thy gold refine
Till all success be nobleness
And every gain divine!

Blue Velvet
Feb 2, 2006, 03:26 AM
An Apple Computer Inc. spokeswoman, Kristin Huguet, declined to comment.


Presumably because she was too busy laughing her head off...


This is a serious waste of a court's time.

24C
Feb 2, 2006, 03:38 AM
New Flash : "MacRumors user sues man for wasting his time in a pointless article about an idiot."....Hmmm I wonder if that would work. :rolleyes: :D
I'm sure there's a clause in the small print when you register that forums are a waste of time, or maybe it's just common sense :rolleyes:
The real joke is sustained noise does affect your hearing, and there is so much we are exposed too in urban life, which we have no control over, and you'd struggle to litigate against. Bring on a soft target. Endgame? Bypass the ears and tap straight into the brain :eek:

admford
Feb 2, 2006, 03:43 AM
Hmmm.... If I remember, AVLS (Automatic Volume Limiting System) is turned on by default on all iPods with screens. Also as noted, has always been some documentation regarding hearing loss if listening at too high a volume (this type of warning has been around since Walkmans were popular). My guess is that the judge might end up just throwing out the case, it's just too stupid and the guy is just doing this following some hype in the media a few months before.

Loge
Feb 2, 2006, 04:00 AM
He's clearly trying to win a Stella award for 2006. :p

http://www.stellaawards.com/

Fender2112
Feb 2, 2006, 05:36 AM
What about the attourney that takes the case? He should be shot in the foot for encouraging the client to file such a rediculous claim.

Stella
Feb 2, 2006, 06:01 AM
Only in america.

Reminds of me people wondering why they are fat when they eat McDonalds et al every day.

"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 Kiel Patterson of Louisiana"

I don't know about in america, but in the rest of the world its commonly known that excess noise will damage your hearing.

Common knowledge, common sense.

There will be a lot more of these stories in the future, unfortunately.

hyperpasta
Feb 2, 2006, 06:34 AM
Oh for the love of peace. Lawsuits like this make me SOOOOO mad.

finchna
Feb 2, 2006, 06:46 AM
Only in America :rolleyes:

and France

"Apple 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."

atszyman
Feb 2, 2006, 07:14 AM
The courts should hear the case, laugh him out of court and impose a penalty of getting "fixed." People with this little common sense should not be allowed to re-produce, God only knows what they would do to a baby.

"But, your honor, my dog stays outside all day with a bowl of food and water, has a lovely doghouse, and can use the yard to relieve itself. You mean to tell me that I can't do the same thing with our baby? (S)He crawls like a dog doesn't (s)he? and it saves money on diapers."

Keynoteuser
Feb 2, 2006, 07:45 AM
You realize, if this guy succeeds in getting Apple to do this, someone ELSE will sue this guy (and probably Apple) to get it switched BACK. :)

kretzy
Feb 2, 2006, 07:49 AM
Only in America :rolleyes:
My thoughts precisely!

Just get Judge Judy on the case. She'll dismiss it as a "load of baloney" and make the guy look like an idiot. :D

macnulty
Feb 2, 2006, 07:55 AM
I'm sueing the Catholic Church because even though I wasn't molested as an alterboy, the potential abuse could have caused a lifetime of trauma. Now I feel neglected and unwanted.

bigandy
Feb 2, 2006, 08:12 AM
I think Apple should counter-sue, filing that "Complete muppets who can't read documentation supplied with our devices could potentially damage our corporate image for 15 seconds, and damage our profits if their cases are successful."

Or something to that effect.

I mean, who doesn't realise that a device sending sounds DIRECTLY in to your EARS at a HIGH VOLUME may not be good. It's like not realising that stubbing cigarettes out on your eyeballs MAY CAUSE LOSS OF SIGHT.

In fact, there's another lawsuit right there. :rolleyes:

NATO
Feb 2, 2006, 08:26 AM
"Apple 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."

The Reason for this is an European Directive which forces manufacturers of portable audio products to limit their devices to output a maximum of 100 Decibels. The US doesn't have such a policy and as such, Apple is not obligated to modify the iPod in that territory.

Jamvan
Feb 2, 2006, 08:30 AM
This is almost as idiotic as someone thinking they can sue McDonald's over hot coffee! The day that happens...all bets are off! :rolleyes:

war
Feb 2, 2006, 08:39 AM
Let's do a class action law suit against stupid people. We can obviously give examples of the alleged stupidity. Now everyone put together statements of your various times of emotional duress that were caused by stupid people. If people can sue companies for being stupid then conversely we should be able to sue people for being stupid. If the law suit is thrown out then we sue for intelligence discrimination. We have rewarded the "stupids" long enough with frivolous lawsuits. So, it is time to reward people for being smart for a change. :D

jbembe
Feb 2, 2006, 08:46 AM
Wait! Was the plaintiff Pete Townsend (http://www.ipodobserver.com/story/24968)???:cool:

Yvan256
Feb 2, 2006, 08:47 AM
This is almost as idiotic as someone thinking they can sue McDonald's over hot coffee! The day that happens...all bets are off! :rolleyes:

Hasn't that already happened? :confused:

mainstreetmark
Feb 2, 2006, 09:05 AM
Hasn't that already happened? :confused:

Yes.
http://www.stellaawards.com/stella.html

devman
Feb 2, 2006, 09:22 AM
time to sue penthouse for penis strain...

BruinJohn
Feb 2, 2006, 09:25 AM
Stupid southern hick. I think if someone sues you with a stupid case like this, and they get it thrown out or loses, they should pay the company or person they are suing due to bad publicity. That would stop a lot of frivolous lawsuits. What a stupid case. Its kinda like when people were suing over the scratched displays on the nano's. C'mon........

kretzy
Feb 2, 2006, 09:30 AM
time to sue penthouse for penis strain...
:eek: :eek: :eek:

Now that would be one HUGE class action.

mongoos150
Feb 2, 2006, 09:58 AM
What a freaking dumbass. TURN YOUR IPOD DOWN YOU DUMB FUC_K. This is the person who will sue his car manufacturer if he gets into an accident.

XNine
Feb 2, 2006, 10:09 AM
This is a perfect chance to torture someone publically. Showing the rest of the world that stupid, brain dead *******s like this deserve nothing but a painful death. This is the reason that my taxes and cigarette prices get marked up so high. So you get cancer from smoking a cigarette, or you lose hearing because you have your ipod on at full blast. YOU DID IT TO YOURSELF!!!!!

AtHomeBoy_2000
Feb 2, 2006, 10:15 AM
Anyone know of a few HearingAid companies I can invest in? becaus ein about 20 years this young generation is going to start going to deff because they insist on listening to music that si so loud I can hear the headphones 10 feet away.

nbs2
Feb 2, 2006, 11:20 AM
What about the attourney that takes the case? He should be shot in the foot for encouraging the client to file such a rediculous claim.
Why? After all, an attorney takes a client's problem and makes it his problem. That's his job. And if the client has the money to pay, sometimes you just have to help make sure that everybody has their day in court ;) Of course, I expect our dear friend is paying cash...any lawyer that takes this on a contingency basis will only get some negative-ish publicity.

nagromme
Feb 2, 2006, 11:26 AM
To sum up:

* iPods are volume-limited in France by a strict law that the US does not share.

* Apple therefore does not follow the French law in the US.

* But they do already have a warning about hearing damage in the box.

* And sure enough, this guy doesn't have any hearing damage that medical science can detect, nor does he claim to.

* And every other audio device since the days of wax cylinders is in the same boat. Apple did not invent headphones, and nothing makes the iPod special in this regard.

* And everyone already knows loud sounds are damaging--yet many choose to accept that damage willingly (concerts, clubs, etc.), which is their free choice.

* And having a wide volume range is useful in safe ways, for connecting different kinds of headphones and speakers. In Europe, people modify their iPods to remove the volume cap.

* But still, this guy is suing Apple for not following the French law, and calling the iPod a "defective" product.

* Obviously he knows there's no merit here, he just wants some "go away" money. I think Apple would be very smart not to give into that temptation. Spend the money, take it all the way, and deter such behavior.

Maybe there's something valid here that hasn't emerged, but it really seems doubtful from this:

"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."


PS: For the record, some of the much-ridiculed MacDonald's suits DID have real validity if people look into them. For instance, suits that weren't about "serving unhealthy food" but about making specific plans to target children--no just parents--and encourage children to overindulge in these foods. Yes, the parents should teach kids healthy eating, but I don't think MacDonald's is being responsible when they actively fight against that for profit, targeting age groups with low will power. (Big Tobacco comes to mind too, of course.)

It's easy to say ALL lawsuits are frivolous. But only some are, and it's an important check against often-abused corporate power. We don't live in a country ruled by the profit motives of corporations. (EDIT: scratch that last statemtn. It sounded good in my head. Not sure what I was thinking.)

redAPPLE
Feb 2, 2006, 11:32 AM
Apple should just put a message on the iPod that says only for people with common sense. :D

meaning?

only for mac users? :D

redAPPLE
Feb 2, 2006, 11:34 AM
Only in America :rolleyes:

you said it bro.

nightelf
Feb 2, 2006, 11:58 AM
Here you can find the official site of the lawyer with the case info...

http://www.hagens-berman.com/frontend;jsessionid=ayBTJ-fUbDX4?command=Lawsuit&task=viewLawsuitDetail&iLawsuitId=1101

jdechko
Feb 2, 2006, 12:10 PM
This is absolutely rediculous, but hey, it's America.

SPUY767
Feb 2, 2006, 12:18 PM
Here you can find the official site of the lawyer with the case info...

http://www.hagens-berman.com/frontend;jsessionid=ayBTJ-fUbDX4?command=Lawsuit&task=viewLawsuitDetail&iLawsuitId=1101


DDoS for the win.

mike707
Feb 2, 2006, 12:26 PM
'More recently, Microsoft recognized Mr. Berman's experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson's Findings of Fact in the Department of Justice antitrust case against the company.'

hmmmmm......

Nermal
Feb 2, 2006, 12:50 PM
Anyone know of a few HearingAid companies I can invest in? becaus ein about 20 years this young generation is going to start going to deff because they insist on listening to music that si so loud I can hear the headphones 10 feet away.

That does concern me actually. At work, I play my iPod loud enough for me to hear it. If I take the earbuds out, then I don't hear the music at all. However, the guy in the next cubicle has his earbuds in, and I can clearly make out the music. Not good for his ears.

cnakeitaro
Feb 2, 2006, 01:01 PM
lmao.....honestly tho, what brands do limit their sound outputs...I don't know about you but nearly anything you buy can cause hearing loss if you play it loud enough...just the way i like it! :D

Gasu E.
Feb 2, 2006, 01:16 PM
The guy doesn't even actually have hearing loss, he's just suing because he potentially could? Let me follow this logic. He's "smart" enough to determine that the iPod could damage his hearing, and sue over it, but not smart enough to just not turn the thing up too loud? What's more, Apple already has a warning! If he wins, I will... well, okay, I've already lost all respect for civil courts. Can respect go negative?


The critical point here is that they are attempting to certify this as a class-action suit. Why does that matter? Because the remedy that will be requested will not be to compensate an individual for hearing loss (a serious matter) but to compensate all iPod owners for a product defect. Why would this guy go to the trouble of filing a suit when his compensation will be at most $50? Because it's not really him filing the suit; he is just the front-man for the lawyers, who would take a substantial cut of the overall award.

Why? After all, an attorney takes a client's problem and makes it his problem. That's his job. And if the client has the money to pay, sometimes you just have to help make sure that everybody has their day in court ;) Of course, I expect our dear friend is paying cash...any lawyer that takes this on a contingency basis will only get some negative-ish publicity.


Given that they are trying to get a class action suit certified, it is undoubtedly the attorneys who instigated this in the first place.

This is almost as idiotic as someone thinking they can sue McDonald's over hot coffee! The day that happens...all bets are off! :rolleyes:


... and I for one was glad McD's lost that one. I burned my lip twice on that over-heated stuff. They finally dropped the termperature down to a safe level, thanks to that suit.

jhu
Feb 2, 2006, 07:40 PM
there seems to be a lack of personal responsibility in this country. what do you expect in a country where obese people sue mcdonald's because they're fat?

Apple Hobo
Feb 2, 2006, 08:04 PM
HUH? WHAT DID YOU SAY? SPEAK UP!

permanent brain loss may occur if earphones or headphones are used at high volume.


My solution to dumb lawsuits: when the lawsuit is tossed out of court, the degenerate plaintiff and his shyster lawyer will undergo a vasectomy (or castration if the suit is stupid enough). Without anesthesia.

sjk
Feb 3, 2006, 12:10 AM
Apple should just put a message on the iPod that says only for people with common sense. :DLike that Do Not Eat message formerly on the iPod Shuffle the product page. Maybe such "warnings" aren't so silly after all. ;)

(sorry if that's a redundant comment; I haven't read through this thread)

kwajaln
Feb 3, 2006, 12:24 AM
there seems to be a lack of personal responsibility in this country. what do you expect in a country where obese people sue mcdonald's because they're fat?
YEAHHH!!!!
Anyone watch "Supersize Me" recently??!?!? :D :D

macnulty
Feb 3, 2006, 01:44 AM
Here is an interesting tidbit, seems the man bringing the lawsuit is a Microsoft retained lawyer.

http://www.ipoding.com/modules.php?op=modload&name=News&file=article&sid=2273

sjk
Feb 4, 2006, 12:08 AM
* Obviously he knows there's no merit here, he just wants some "go away" money. I think Apple would be very smart not to give into that temptation. Spend the money, take it all the way, and deter such behavior.I agree, although it would be pretty damn funny if Apple offered him a +100 decibel capable "go away" iPod.

bodeh6
Feb 5, 2006, 08:15 AM
I wonder if I gather up all of the Windows users and we all sue Microsoft for allowing their systems to get viruses. That would be a case.

:mad: :mad: :mad: :mad: :mad: I HATE stupid cases like this.:mad: :mad: :mad: :mad: :mad:

840quadra
Feb 5, 2006, 08:52 AM
Only in America :rolleyes:

Which part ? North? South ? The entire land of combined Americas!!!???

Or did you mean the USA specifically ;)

d_and_n5000
Feb 5, 2006, 09:43 AM
I wonder if I gather up all of the Windows users and we all sue Microsoft for allowing their systems to get viruses. That would be a case.

:mad: :mad: :mad: :mad: :mad: I HATE stupid cases like this.:mad: :mad: :mad: :mad: :mad:


Now THAT is a good lawsuit.

Plaintiff: "Well, how come you have viruses when Apple doesn't?
Microsoft: "Cause Apple has maybe 5% of what our marketshare is?"
Plaintiff: "Nuh-uh! It's cause you make a crappy product! Pay me 20 gajillion dollars!!!!!!!!!!!!!"

iHateGates
Feb 5, 2006, 03:14 PM
Is this the same guy who tried to sue Penthouse magazine for giving him carpul tunnel syndrome?:p