The victory of Apple over a lawsuit, which alleged the tech-giant’s iPod music player of posing a risk to hearing, has been upheld by the US Court of Appeal for the Ninth Circuit. The lawsuit, which was filed by John Kiel Patterson, a resident of Baton Rouge, Louisiana, in 2006, was further amended to include Joseph Birdsong and Bruce Waggoner as class representatives. The plaintiffs claimed that the music player carries decibel levels beyond the prescribed limits above which there is a risk to hearing and can result in hearing loss. The claims of the plaintiffs were based on the prescribed standards of National Institute of Occupation Safety and Health, which says “Studies indicate that exposure to 115 dB for more than 28 seconds per day, over time, can cause permanent damage.” The claimants put forth that the cult music player is capable of producing decibel levels up to 115.
Earlier a lower court ruled the case in favor of Apple on the grounds of ‘lack of evidence’ furnished by the plaintiffs. The lawsuit, however, never revealed any losses suffered by the claimants personally.
The upholding decision comes as the Court of Appeal recognizes, ‘At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.’