Apple wins appeal over iPod hearing loss

The Ninth Circuit Court of Appeals has affirmed a 2008 ruling dismissing a 2006 case brought against Apple, which claimed that the iPod music player caused hearing loss.

In the original suit, a Louisiana man had claimed that the iPod had the potential to cause irreparable hearing loss, citing the design of the ear buds as encouraging too-deep placement within the ear, and the lack of volume meters.

He had sought to have the suit classified as a class action suit against Apple, but in 2008, the District Court for the Northern District of California dismissed the suit, agreeing with Apple’s assertion that the design did not cause an unreasonable risk of noise-induced hearing loss. The judge stated that the lawsuit had merely pointed out ways to make the device safer, not shown that the device itself was dangerous.

Just because something can benefit from some improvement doesn’t mean that it’s necessarily bad for you. That’s basically what a San Francisco appeals court said when it upheld a previous ruling that Apple iPod earbuds cannot be held responsible for hearing loss, according to a Reuters report.

In the ruling, a judge wrote that the plaintiffs didn’t offer evidence to show that iPods earbuds were dangerous, only that they believed they could be made safer. The judge wrote:

The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use. At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.

This news is from China electronics manufacturer.

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