The Ninth Circuit Court of Appeals recently upheld dismissal of a lawsuit against Apple Computer, Inc., the maker of the iPod music player.  The class-action lawsuit, originally filed in January 2006, claimed that the 115-decibels sound production capability of the iPod was potentially damaging for the users’ hearing, that the device and headsets sold were defective and that the company failed to adequately warn the users of possible hearing loss.

“Studies indicate that exposure to 115 dB for more than 28 seconds per day, over time, can cause permanent damage,” the lawsuit contended.

In upholding the lower-court ruling, Senior Judge David Thompson wrote, “At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.”  The lower court ruled that any risk of hearing loss from playing music too loud were “obvious” and that the plaintiffs failed to provide evidence that iPods were defective. 

—Source:  Macworld.com