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Apple Sued Over Potential Hearing Loss from Ipod Listener

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
Anyone Surprised?

Apple Sued Over Potential Hearing Loss

By DAN GOODIN, Associated Press Writer

A Louisiana man claims in a lawsuit that Apple's iPod music player can cause hearing loss in people who use it.

Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year. The devices can produce sounds of more than 115 decibels, a volume that can damage the hearing of a person exposed to the sound for more than 28 seconds per day, according to the complaint.

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.

The suit, which Patterson wants certified as a class-action, seeks compensation for unspecified damages and upgrades that will make iPods safer. Patterson's suit said he bought an iPod last year, but does not specify whether he suffered hearing loss from the device.

Patterson does not know if the device has damaged his hearing, said his attorney, Steve W. 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.

"He's bought a product which is not safe to use as currently sold on the market," Berman said. "He's paying for a product that's defective, and the law is pretty clear that if someone sold you a defective product they have a duty to repair it."

An Apple Computer Inc. spokeswoman, Kristin Huguet, declined to comment.

Although the iPod is more popular than other types of portable music players, its ability to cause noise-induced hearing isn't any higher, experts said.

"We have numerous products in the marketplace that have the potential to damage hearing," said Deanna Meinke, an audiology professor at the University of Northern Colorado. "The risk is there but the risk lies with the user and where they set the volume."

The Cupertino-based company ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume."

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 headphones commonly referred to as ear buds, which ship with the iPod, also contribute to noise-induced hearing loss because they do not dilute the sound entering the ear and are closer to the ear canal than other sound sources, the complaint states.
 

WKC

Monkey
Feb 23, 2005
757
0
Down in the G-Spot
bluebug32 said:
wow, and next someone's going to sue McDonalds when they burn themselves on their coffee :p
It's already happened. The lady the filed the lawsuit collected a HUGE amount of money from McDonalds.
 

.:Jeenyus:.

Turbo Monkey
Feb 23, 2004
2,831
1
slc
bluebug32 said:
wow, and next someone's going to sue McDonalds when they burn themselves on their coffee :p
Wait a minute..... :think:

People that stupid need to be told to stop breathing.

Edit: Facking snaked.
 

Biscuit

Turbo Monkey
Feb 12, 2003
1,768
1
Pleasant Hill, CA
WKC said:
It's already happened. The lady the filed the lawsuit collected a HUGE amount of money from McDonalds.
These two cases have absolutely nothing in common.

The McDonalds case is extremely misunderstood by most everyone.
I don't remember the specifics off the top of my head, but if you do a google search, you'd be surprised by the facts.

The coffee was absolutely, outrageously hot. The woman got extreme burns and spent time in the hospital. All she asked for was for McDonalds to pay her medical bills.
McDonalds told her to get lost. So she sued the pant's off them.

This "Louisiana loser" doesn't even know if his hearings been damaged! Sure, it could have been. But you can do the same friggin thing in your car.

I NEED SOMEONE TO PROTECT MYSELF FROM MYSELF BECAUSE I CAN'T DO IT MYSELF!
 

Turd Ferguson

Monkey
Dec 21, 2004
223
0
Burbank
Biscuit said:
These two cases have absolutely nothing in common.

The McDonalds case is extremely misunderstood by most everyone.
I don't remember the specifics off the top of my head, but if you do a google search, you'd be surprised by the facts.

The coffee was absolutely, outrageously hot. The woman got extreme burns and spent time in the hospital. All she asked for was for McDonalds to pay her medical bills.
McDonalds told her to get lost. So she sued the pant's off them.

This "Louisiana loser" doesn't even know if his hearings been damaged! Sure, it could have been. But you can do the same friggin thing in your car.

I NEED SOMEONE TO PROTECT MYSELF FROM MYSELF BECAUSE I CAN'T DO IT MYSELF!

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

The most important message this case has for you, the consumer, is to be aware of the potential danger posed by your early morning pick-me-up. Take extra care to make sure children do not come into contact with scalding liquid, and always look to the facts before rendering your decision about any publicized case.
 

macko

Turbo Monkey
Jul 12, 2002
1,191
0
THE Palouse
I'm going to sue Ridemonkey.com for the loss of potential wages due to my using the site during times of productivity
 

Mike B.

Turbo Monkey
Oct 5, 2001
1,522
0
State College, PA
Turd Ferguson said:
McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

The most important message this case has for you, the consumer, is to be aware of the potential danger posed by your early morning pick-me-up. Take extra care to make sure children do not come into contact with scalding liquid, and always look to the facts before rendering your decision about any publicized case.

You missed McFact No. 9 - The moron put hot coffee between her legs then proceeded to not take responsibility for her own actions. I burnt my leg on the exhaust of dirt bike once when I dumped it in a loose turn - guess who's fault it was - sure as hell not Suzuki's.
 

Biscuit

Turbo Monkey
Feb 12, 2003
1,768
1
Pleasant Hill, CA
Thank you T-F

macko said:
I'm going to sue Ridemonkey.com for the loss of potential wages due to my using the site during times of productivity
Maybee you could sue your employer for allowing you access to the site which affects your productivity, and their willingness to pay you more.

You could make a case that the whole reason they gave you a computer was because they didn't want to give you a raise next year. Your so oppressed.
 

Turd Ferguson

Monkey
Dec 21, 2004
223
0
Burbank
Mike B. said:
You missed McFact No. 9 - The moron put hot coffee between her legs then proceeded to not take responsibility for her own actions. I burnt my leg on the exhaust of dirt bike once when I dumped it in a loose turn - guess who's fault it was - sure as hell not Suzuki's.
This sheds new light on the case for me. I thought the same as you for years, everyone needs to take responsibility for their actions. This must also include the big companies. Either way-the wheels of capitalism still turn.

It's the same for large auto manufacturers.
**cough*ford*cough**
They do cost analysis for all kinds of safety related issues.
 

Mike B.

Turbo Monkey
Oct 5, 2001
1,522
0
State College, PA
Transcend said:
I burned myself on a brake rotor straightening my bars.

I'm gonna sue. Idiots.
I see your rotor burn straightening bars and raise you a rotor burn on my arm loading my Imperial in to my truck at the bottom of a descent. Don't know why I was in such a hurry, we proceeded to sit around for 20 minutes before anyone else loaded up. Maybe we can get a class action suit going.
 

Mike B.

Turbo Monkey
Oct 5, 2001
1,522
0
State College, PA
Turd Ferguson said:
This sheds new light on the case for me. I thought the same as you for years, everyone needs to take responsibility for their actions. This must also include the big companies. Either way-the wheels of capitalism still turn.

It's the same for large auto manufacturers.
**cough*ford*cough**
They do cost analysis for all kinds of safety related issues.
I agree that corporate responsibility is as big an issue as personal responsibility and lines will be blurred for eternity. There is a reason actuarial science types are in demand.
 

Biscuit

Turbo Monkey
Feb 12, 2003
1,768
1
Pleasant Hill, CA
Mike B. said:
I see your rotor burn straightening bars and raise you a rotor burn on my arm loading my Imperial in to my truck at the bottom of a descent. Don't know why I was in such a hurry, we proceeded to sit around for 20 minutes before anyone else loaded up. Maybe we can get a class action suit going.
Maybee you should sue yourself for using your brakes so damn much they were hot even after you waited around for 20 minutes!:p
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Transcend said:
I burned myself on a brake rotor straightening my bars.

I'm gonna sue. Idiots.
Wow, you just cant help being a ****ing idiot can you? You dont think theres a difference in the assumption of risk when biking vs. ordering a cup of coffee?
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
42,758
14,852
Portland, OR
If they get any money out of this, I will lose all hope for humanity and our justice system as we know it.

The thought of a warning makes me crazy.
 

DirtyDog

Gang probed by the Golden Banana
Aug 2, 2005
6,598
0
Mike B. said:
You missed McFact No. 9 - The moron put hot coffee between her legs then proceeded to not take responsibility for her own actions. I burnt my leg on the exhaust of dirt bike once when I dumped it in a loose turn - guess who's fault it was - sure as hell not Suzuki's.
Genius, I think that if near boiling coffee served to you put you in the hospital, your attitude would be a bit different.
 

Jeremy R

<b>x</b>
Nov 15, 2001
9,701
1,056
behind you with a snap pop
I think the Dr. in the McDonalds case should get a settlement as well.
Because of their McNegligence, that Dr. had to do a skin graft on an 81 year old woman's taint.
That is undue suffering to the highest degree.
 

rideit

Bob the Builder
Aug 24, 2004
24,350
12,247
In the cleavage of the Tetons
Transcend said:
I burned myself on a brake rotor straightening my bars.

I'm gonna sue. Idiots.
That's funny...years ago, I gave myself a good 'hayes tatoo' by accident just before the trade show...I showed it to the booth boys at the dirt demo, and they dug it! Gave me hat, shirt, and some spare pads...this was early on in disk world. I guess I got a pretty immediate settlement...
 

trailhacker

Turbo Monkey
Jan 6, 2003
1,233
0
In the hills around Seattle
Mike B. said:
You missed McFact No. 9 - The moron put hot coffee between her legs then proceeded to not take responsibility for her own actions. I burnt my leg on the exhaust of dirt bike once when I dumped it in a loose turn - guess who's fault it was - sure as hell not Suzuki's.
I don't remember the exact facts as this was what, 10 years ago? But she wasn't holding the coffee between her legs, she was trying to hold it and the cap came off or the cup colapsed.
Moron.
 

ctrailfreak

Monkey
Apr 19, 2004
546
0
Independence,Mo
I had a slice of Pizza at Pizza Hut one time and the Cheese was so hot that it blisterd the roof of my mouth and tongue. Did I sue? NO! Did I get a manager? No!

I knew the Pizza had just come out of the oven and was so hungry that I decided to eat rather than wait for it to cool down! If the waitress had waited for the Pizza to cool down before bringing it to the table, I would not have been burnt! But I would have b#@ched about getting cold pizza. Was it my fault or theirs?

I'd say mine! Could I have sued? Yes! But in a lawsuit happy world, not everyone thinks the same way as I do! It's all about the money these days!!!!
 

Transcend

My Nuts Are Flat
Apr 18, 2002
18,040
3
Towing the party line.
BurlyShirley said:
Wow, you just cant help being a ****ing idiot can you? You dont think theres a difference in the assumption of risk when biking vs. ordering a cup of coffee?
Nope, i think the person who sued is a ****ing idiot, as is this person suuing. Deal with it and grow up.

People need to have a little responsibility for their own actions. The coffee was hot, very hot, granted. But guess what...even normally hot coffee will burn the hell out of you.
 

Reactor

Turbo Monkey
Apr 5, 2005
3,976
1
Chandler, AZ, USA
Mike B. said:
You missed McFact No. 9 - The moron put hot coffee between her legs then proceeded to not take responsibility for her own actions. I burnt my leg on the exhaust of dirt bike once when I dumped it in a loose turn - guess who's fault it was - sure as hell not Suzuki's.

Of course, any reasonable person would know an exhaust pipe is hot enough to cause burns, and avoid it, and I'll bet your motorcycle manual had a warning about hot exhaust pipes too. Probably 9 out of 10 drive thru customers put the coffee between their legs. They aren't expecting to get third degree burns, skin grafts and a weeklong hospital stay.
 

COmtbiker12

Turbo Monkey
Dec 17, 2003
2,577
0
Colorado Springs
Reactor said:
Of course, any reasonable person would know an exhaust pipe is hot enough to cause burns, and avoid it, and I'll bet your motorcycle manual had a warning about hot exhaust pipes too. Probably 9 out of 10 drive thru customers put the coffee between their legs. They aren't expecting to get third degree burns, skin grafts and a weeklong hospital stay.
And half those damn American cars don't have cup holders. ;) :p Sue all the Detroit car companies!!! :p
 

narlus

Eastcoast Softcore
Staff member
Nov 7, 2001
24,658
65
behind the viewfinder
Jeremy R said:
I think the Dr. in the McDonalds case should get a settlement as well.
Because of their McNegligence, that Dr. had to do a skin graft on an 81 year old woman's taint.
That is undue suffering to the highest degree.
now that's pure gold, jerry.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Transcend said:
Nope, i think the person who sued is a ****ing idiot, as is this person suuing. Deal with it and grow up.

People need to have a little responsibility for their own actions. The coffee was hot, very hot, granted. But guess what...even normally hot coffee will burn the hell out of you.
I agree that people need to take responsibility for their own actions. In this case, the party was Mcdonalds who needs to take it. Causing 3rd degree burns that require skin grafts is quite different than "burn the hell out of you"
What if it was your daughter's face because someone knocked the cup off the counter at McD's (not suggesting you'd actually eat there, though I do.) and her face got burned off. You dont think that's too hot? You dont think anything BUT a big money lawsuit could get a greedy corp. like McDs to change its policies? Ill admit that when I first heard of this lawsuit, I was like WTF? But after hearing the facts, my opinion has changed.
 

Mike B.

Turbo Monkey
Oct 5, 2001
1,522
0
State College, PA
Reactor said:
Of course, any reasonable person would know an exhaust pipe is hot enough to cause burns, and avoid it, and I'll bet your motorcycle manual had a warning about hot exhaust pipes too. Probably 9 out of 10 drive thru customers put the coffee between their legs. They aren't expecting to get third degree burns, skin grafts and a weeklong hospital stay.
It now becomes more clear how she won the case - people like all of you were on the jury. McD serves over a billion cups of coffee a year so lets say 10 billion cups in 10 years and there were 700 people burned - pretty good odds I'd say. You're more likely to be hit by lightning or drown in a 5 gallon bucket of water and then who are you going to sue.

Read up: http://www.overlawyered.com/2005/10/urban_legends_and_stella_liebe.html
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Mike B. said:
It now becomes more clear how she won the case - people like all of you were on the jury. McD serves over a billion cups of coffee a year so lets say 10 billion cups in 10 years and there were 700 people burned - pretty good odds I'd say. You're more likely to be hit by lightning or drown in a 5 gallon bucket of water and then who are you going to sue.

Read up: http://www.overlawyered.com/2005/10/urban_legends_and_stella_liebe.html
You dont think a report from "Overlawyered" would be biased or anything, do you? :rolleyes:
 

Ridemonkey

This is not an active account
Sep 18, 2002
4,108
1
Toronto, Canada
I bought a set of knives the other day, and chopped my hand off. I didn't realize they were sharp. No warnings. I'm suing Henckel.
 

narlus

Eastcoast Softcore
Staff member
Nov 7, 2001
24,658
65
behind the viewfinder
Mike B. said:
It now becomes more clear how she won the case - people like all of you were on the jury. McD serves over a billion cups of coffee a year so lets say 10 billion cups in 10 years and there were 700 people burned - pretty good odds I'd say. You're more likely to be hit by lightning or drown in a 5 gallon bucket of water and then who are you going to sue.
so mcdonalds can control a bucket of water or lightning? interesting.
 

BurlyShirley

Rex Grossman Will Rise Again
Jul 4, 2002
19,180
17
TN
Yeah, I think If I shoot a gun randomly into the air and only hit someone once out of every 24 million shots its still my fault.
 
J

JRB

Guest
narlus said:
so mcdonalds can control a bucket of water or lightning? interesting.
I had no idea they were so influential. I should eat there more. That should get me closer to Heaven.