The Claimant’s in the case has sought to claim for not only financial damages but also to require Apple to provide ‘better’ headphones, improve safety features and also to test all iPod uses for hearing loss!
The two Claimant’s to the case, named as Joseph Birdsong and Bruce Waggoner, made claims that the iPod earphones were badly designed. They are designed to be placed directly in to the ear canal rather than being placed just inside the ear which they claimed increased the danger of hearing damage.
They also raised arguments that iPods are more dangerous due to their lack of volume meters, even when they can produce decibels as high as 115.
Judge Thompson whom heard the case in the appeals court stated that the Claimant’s had only demonstrated ways in which the iPod could be made safer. They did not provide any substantial evidence that they are dangerous in any way, nor did they show that they or any other iPod users had suffered or were certain to suffer with hearing loss!
The US federal appeals court rejected the claim which had been brought against Apple as the Claimant’s failed to show that the use of the iPods holds an unreasonable risk.
All iPods display warnings about noise level and until anyone can prove that this is not sufficient this will maintain as good notification.