APPLE SUED OVER HEARING LOSS

warning label needed?
For months now, people have been warning about the possibility of hearing loss that comes with excessive use of loud music over ear-bud style headphones. Not to be cynical, but it was probably only a matter of time before someone who had experienced damage to their hearing was going to sue over this (this is America, after all). Well, that time has arrived.

Digital Music News is reporting that Louisiana resident John Patterson has filed a "product liability suit" against Apple on the grounds that the iPod has damaged his hearing. Patterson is seeking class action status which would allow other users with similar complaints to join with his lawsuit. There are no dollar figures being mentioned yet but Patterson is suing for compensation for his hearing loss plus a demand that Apple re-engineer the iPod to make it safer.

So, just to float the obvious question here but: is there any liability involved? Last time we checked, iPods came with this feature called "volume control." What does it mean to make the iPod safer? Put in a prescribed limit on how loud you can play music? Isn't that for the listener to decide? Not like I'm not sympathetic to Patterson's situation, but there's some common sense that should be taken into consideration when it comes to how loud one listens to music. Unless of course, Patterson can prove that the ear-buds that ship with every iPod were engineered to maximize damage even at "normal" volume levels.

Anyone know what has to be proven in a liability suit of this kind?

--O.W.