Great iPod legal action against Apple....

g_warreng_warren
Posted:
in AppleOutsider edited January 2014
I posted about this on my blog, and thought it was so great I just had to share it hear. This page here explains about a poor chap who *might* have damaged his hearing with his iPod because it has the potential to damage his hearing, so he is attempting to sue Apple for an undisclosed sum, and hopes all iPods will be modified. How bored would one person have to be. Something tells me he won't succeed in this little argument, particularly given Apple volume on the packaging. Thoughts? Do we think US law makes it too easy for people to bring these frivolous claims? (You US folks could probably give me a good insight into how these things work over there)

Comments

  • Reply 1 of 19
    outsideroutsider Posts: 6,008member
    I'm sueing Apple because I heated my iPod with a torch and dropped it in my lap and it burned me.
  • Reply 2 of 19
    cosmonutcosmonut Posts: 4,872member
    Quote:

    Originally posted by G_Warren

    Do we think US law makes it too easy for people to bring these frivolous claims? (You US folks could probably give me a good insight into how these things work over there)



    U.S. law pretty much says that you can sue anybody for anything. Whether or not it'll go anywhere is the question.



    I imagine this will be thrown out, but some attorney will have a little extra money in his wallet and a judge will have wasted a little more of his/her time on stupid crap like this.
  • Reply 3 of 19
    g_warreng_warren Posts: 713member
    How would legal fees work in a case like this (particularly from Apple's point of view)?
  • Reply 4 of 19
    danmacmandanmacman Posts: 773member
    Seems to me there would be some sort of court precedence about this. I am sure some loon had to of tried to sue Sony back when the WalkMan made its debut...
  • Reply 5 of 19
    cosmonutcosmonut Posts: 4,872member
    Quote:

    Originally posted by G_Warren

    How would legal fees work in a case like this (particularly from Apple's point of view)?



    That's where it gets interesting. Not only would the plaintiff need to pay the legal fees for filing and his attorney (if there's no pro bono work involved), but Apple could countersue to recover its legal fees if they end up winning. Unlikely, but it's an option.
  • Reply 6 of 19
    chris cuillachris cuilla Posts: 4,825member
    It is even possible the plaintiff is not paying his own fees:



    http://www.ipoding.com/modules.php?o...ticle&sid=2273
  • Reply 7 of 19
    shawnjshawnj Posts: 6,656member
    It might be good to have some sort of warning system for the ipod-- a beep to warn you of certain potential hearing damage at a given volume and elapsed time listening to the device.
  • Reply 8 of 19
    midwintermidwinter Posts: 10,060member
    Isn't there a law against barratry here in the US?
  • Reply 9 of 19
    chris cuillachris cuilla Posts: 4,825member
    Quote:

    Originally posted by midwinter

    Isn't there a law against barratry here in the US?



    a. One would hope

    b. I don't know

    c. Since barratry is about "persistently instigating lawsuits, typically groundless ones"...the "groundless" part would likely need some time to determine before being rejected...and "persistence" would have to be determined too.



    Having said all of that, I do think this is likely groundless (or at least dumb). The courts do seem to favor some expectation of "common sense" by consumers ("Ah...yeah...the shiny part of the knife is sharp and cuts.")



    This looks like something MS has setup (and NOT the first time I believe). They are shameless.
  • Reply 10 of 19
    shawnjshawnj Posts: 6,656member
    Unfortunately hearing damage is cumulative and not nearly as obvious as your cutting knife example. I know. I was born with moderate to severe hearing loss in both ears and I'm especially at risk for further damage. The fact is that you don't know the appropriate listening time at a given volume that doesn't cause damage to your hearing. No amount of "common sense" could divine that figure, beyond "zero minutes" for maxing out the volume of the device. Obviously you're putting yourself at risk in that case.



    Some sort of digital warning system is appropriate, I would think.
  • Reply 11 of 19
    midwintermidwinter Posts: 10,060member
    Quote:

    Originally posted by CosmoNut

    (if there's no pro bono work involved)



    I don't see how anyone can be pro Bono anymore. He drives me nuts now. Oh. Wait.
  • Reply 12 of 19
    stealthriderstealthrider Posts: 126member
    Quote:

    Originally posted by ShawnJ



    Some sort of digital warning system is appropriate, I would think.



    No. Some friggin' common sense is appropriate. I don't want more crap on my iPod just because some dipshit doesn't know how to turn down the volume.
  • Reply 13 of 19
    gobble gobblegobble gobble Posts: 615member
    IMHO, simple common sense would suggest that persistent loud noise can cause hearing loss. Keep the volume at a reasonable level. If you can't hear the people next to you talking, it's too loud.

  • Reply 14 of 19
    mynameheremynamehere Posts: 560member
    Quote:

    Originally posted by gobble gobble

    IMHO, simple common sense would suggest that persistent loud noise can cause hearing loss. Keep the volume at a reasonable level. If you can't hear the people next to you talking, it's too loud.



    Depending on what they're talking about, it could be not loud enough.



    When I'm on the train in the mornings, I often find that I can't hear the music. My solution? Buy big padded headphones that block out train sounds.



    This seems like another "The hot coffee burned me." lawsuit, or in this case, "The potentially hot coffee might have burned me."
  • Reply 15 of 19
    gene cleangene clean Posts: 3,481member
    Well if it's "common sense" and "dumb", why does the EU require that all iPod's sold in EU have a volume limit? After all, Europeans are not so ignorant when it comes to iPods and volume and such wonderful things.



    So, is EU behaving like its citizens are dumb sheeps, or is there really a cause to believe that people should be warned?
  • Reply 16 of 19
    chris cuillachris cuilla Posts: 4,825member
    Quote:

    Originally posted by Gene Clean

    Well if it's "common sense" and "dumb", why does the EU require that all iPod's sold in EU have a volume limit? After all, Europeans are not so ignorant when it comes to iPods and volume and such wonderful things.



    So, is EU behaving like its citizens are dumb sheeps, or is there really a cause to believe that people should be warned?



    Ahhh...right...that line of reasoning that goes...."Well, if so and so is doing it, it must be right, especially if it is a (European) government, because we all know that they always use 'common sense', never do anything 'dumb', nor ever behave 'like its citizens are dumb sheeps'."



  • Reply 17 of 19
    a_greera_greer Posts: 4,594member
    Quote:

    Originally posted by CosmoNut

    That's where it gets interesting. Not only would the plaintiff need to pay the legal fees for filing and his attorney (if there's no pro bono work involved), but Apple could countersue to recover its legal fees if they end up winning. Unlikely, but it's an option.



    Not to mention defamation or slander if they really wanted to be asses about it, he made a false accusation in public, the iPod didnt make him hard of hearing, his misuse did. same for twinkies, I cant sue their maker because I get fat, it is my own damn fault



    This society has lost personal responsability, it is always a companies fault.
  • Reply 18 of 19
    gene cleangene clean Posts: 3,481member
    Quote:

    Originally posted by Chris Cuilla

    Ahhh...right...that line of reasoning that goes...."Well, if so and so is doing it, it must be right, especially if it is a (European) government, because we all know that they always use 'common sense', never do anything 'dumb', nor ever behave 'like its citizens are dumb sheeps'."







    Wrong. If 25, not 1, European governments decide that the high volume in the iPod (and all other MP3 players btw) may result in hearing damage, then there must be some reason to it because these are governments who do research before deciding things - they didn't just wake up one morning saying they're going to limit iPods' volume in EU. Had they done that out of spite or just to mess with Apple, or for any other reason not related to actual research, Apple would surely protest such a requirement to the Europen Trade Commission and we would hear about it. Did Apple protest such a requirement since it is, after all, 'common sense' ? I thought so.
  • Reply 19 of 19
    cosmonutcosmonut Posts: 4,872member
    Cigarettes may cause lung cancer.

    Alcohol may cause drunk driving.

    Driving a car may cause an accident.

    Sex may cause an STD or pregnancy.



    Where does personal responsibility enter into the picture?
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