A federal appeals court on Wednesday rejected a class-action lawsuit seeking to hold Apple Inc responsible for possible hearing loss caused by using its popular iPod music player.
Joseph Birdsong and Bruce Waggoner had filed a lawsuit against Apple for potential hearing damage against the headphones supplied with iPod. Neither of the plaintiffs suffered from any damage but they believed someone could lose hearing sense. Plaintiffs said Apple should supply better quality headphones, clear disclosures and award some monetary damages. Lower court in California had rejected this lawsuit earlier in 2008.
Apple has sold more than 220 million iPods since its launch in 2001.
Wednesday’s appeal court decision upholds that 2008 dismissal on the same grounds. “At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users,” Senior Judge David Thompson wrote, according to this Reuters report on the appeal court’s 3-0 decision to uphold the lower court’s ruling.
The appeals court said the plaintiffs showed ways they believe iPods could be made safer, not that they were dangerous.
“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,” Senior Judge David Thompson wrote.