There is at least one consumer in the country who doesn't like the iPod, Apple's (Nasdaq: AAPL) 
wildly popular MP3 player. John Kiel Patterson, a Louisiana resident, filed a lawsuit against Apple in the U.S. District Court in San Jose, Calif., contending that the device can cause permanent hearing loss.
The complaint seeks class action certification for the suit, which requests compensation for damages as well as an order mandating iPod design changes to make listening safer.
Sounding the Alarm
This is not the first instance in which an alarm has been sounded over the possibility that hearing loss could result from playing an MP3 device too loudly.
Two weeks ago, the non-profit House Ear Institute launched a consumer awareness campaign aimed at teens and young adults to highlight the dangers of improper use of earbuds. Many audiologists have pointed to this headphone design, made ubiquitous by Apple's iPod, as a new threat to hearing.
The iPod can be played as high as 115 decibels, which is considered potentially damaging to hearing. Also, because the earbuds are placed inside of the ear, loss can occur after less use compared to other devices.
"Anything over 85 decibels can damage one's hearing, and most individuals are listening to their personal stereo systems at 110 to 120 decibels, which can cause hearing loss," stated American Speech-Language-Hearing Association President Dolores E. Battle in a cautionary message prior to the 2005 holiday shopping season. Nearly 10 million Americans have hearing loss as a result of excess noise exposure, according to the association.
In general, if played at a reasonable level -- not so loud that a person close by can hear -- and for no longer than one to two hours a day, MP3 players are not likely to damage hearing.
Damage to the Brand?
All of this is beside the point, Yankee Group Analyst Mike Goodman told MacNewsWorld. "Is there a likelihood that some people listen to headphones incorrectly? Yes. But people sit too closely to the TV and ruin their eyes. Does that mean we sue Sony?"
It is the individual's responsibility to use the devices correctly, he maintains. "It is not Apple's job to moderate how people behave."
For the most part, medical and consumer advocates have limited their input to offering advice on proper use of the product. "Realize what causes hearing loss, and use common sense," said Christine Albertus, audiologist at Marshfield Clinic, Marshfield, Wisconsin.
This lawsuit, which uses much of the same data such advice is grounded in, introduces the possibility of liability.
It is questionable whether the suit will affect the iPod brand in any way. "If -- and it is a big if -- this individual is successful in the suit," Goodman said, "it could have repercussions in terms of copycat lawsuits and possibly a change in the type of headphones Apple makes."
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