Court Silences iPod Bud Hearing Loss Lawsuit
December 31, 2009 at 6:19 AM (PT)
A bevy of media sources are reporting that a federal appeals court threw out a class-action lawsuit against APPLE for "possible hearing loss" caused by iPod use. The suit alleged that the very design of Apple's trademark ear buds put users' hearing in danger, reports PC WORLD. A similar suit had been rejected by a lower court in CALIFORNIA.
It certainly didn't help the plaintiffs JOSEPH BIRDSONG and BRUCE WAGGONER's case that they never claimed to have suffered any hearing damage; they simply alleged that the potential for damage was real and because of that risk, Apple should've provided safer headphones, more disclosure -- not to mention award them some monetary damages, too.
"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," the ruling reportedly asserted. "At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPOD users."