Law Weblog

Apple not to blame for hearing loss

Tuesday 5 January 2010 at 1:07 pm | In News | Post Comment The US appeal court ruled that users are responsible for damage to their hearing by listening to music too loudly and not the manufacture of iPods, Apple. Apple has sold 220 million iPods since 2001.

Judge David Thompson upheld a 2008 ruling that the iPod was not directly responsible for hearing loss despite users being able to listen to music at a potentially dangerous 115 decibels. He said that the two claimants did not prove that hearing loss was “actual or imminent” when using an iPod.

The claimants argued that the iPod’s earphones were designed to be placed in the ear canal rather than over the ears, increasing the prospect of hearing loss, and that the device lacked any noise-isolating or cancelling properties.
The claimants proved that the iPod could be used in a risky way, but that was a choice for the user, effectively placing the burden of responsibility for any hearing loss on consumers.