Apple wins iPod hearing loss case
Who is responsible for our health and safety? For a long time it was us, ourselves, using common sense and judgment. But the last 20 years or so has seen the onus of responsibility switch to the companies and organizations who are a presence in our lives. Thankfully, Apple has just won a case that proves common sense does still exist.
Apple has a great many fans, but it also has a great many haters. This, coupled with the size and standing of the company mean lawsuits are fired at it on a very regular basis. Some have merit, but most are opportunists looking to make a quick buck or a name for themselves.
While that may not necessarily be the case here, the result would appear to be the only logical one.
In 2006, Joseph Birdsong and Bruce Waggoner launched a class action lawsuit against Apple alleging that the iPod, and the ear buds provided with it, could possibly cause hearing loss. The plaintiffs alleged that because the iPod has no volume restrictions and that the ear buds provided with the player are designed to be lodged deep in the ear canal that Apple is putting users hearing at risk.
The case was rejected in 2008 by a district court. Rather than admit defeat, the plaintiffs lodged an appeal and took it to the appeals court in San Francisco. Now, according to Reuters, the appeal has also now been rejected.
The case was lost mainly because rather than allege Apple had damaged their hearing, the plaintiffs instead merely argued that someone, somewhere could suffer hearing loss through use of the iPod. The plaintiffs had asked for Apple to improve safety, provide better headphones, and to test iPod users for hearing loss. Strangely, they were also seeking monetary damages, although what for isn’t clear as they admitted not having suffered themselves.
Apple provides the technology, but they aren’t forcing anyone to listen to their iPod at full volume for hours a day. If people choose to, and suffer hearing loss as a result, then I fail to see how that is anyone’s fault but the end user. And their gene pool.
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