Court dismisses iPod hearing loss lawsuit, for good this time

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The popularity of the iPod doesn’t make it immune to accusations of being the cause of society’s ills, and for the last few years, Apple has faced numerous complaints that the iPod promotes hearing loss. The complaints have been taken seriously enough by some to prompt the European Union to consider introducing legislation that would limit iPods and other portable media players to a maximum output of 85db.

Luckily, common sense seems to be prevailing in the American iPod hearing loss debate. The Ninth Circuit Court of Appeals has just affirmed a 2008 ruling that dismissed a case brought against Apple that claimed the iPod promoted hearing loss.

The original suit was brought against Apple by a Louisiana man, who hoped to escalate it to class action status. The suit claimed that the iPod had the potential to cause irreparable hearing loss, thanks to the lack of external volume meters on the iPod itself and the design of the ear buds encouraging too-deep placement. The suit was dismissed because the judge wryly noted that the lawsuit didn’t actually prove that the iPod was dangerous, but was instead just a long list of how it could possibly be made safer.

It wasn’t a suit with much merit, and it’s good to see it dismissed. Although it’s certainly conscientious to make a device safer, I hope most people realize that keeping your iPod’s volume at an acceptable level and not cramming your ear buds down into your cochleas with your thumbs are the user’s responsibility.

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