Jobs' Apple Faces Lawsuit Over iPod Volume
Chris Noon, 02.02.06, 10:35 AM ET

LONDON - Hear no evil? Rustling leaves, 20. A soft whisper, 30. An air conditioning unit, 60. A hair dryer, 80. Firecrackers or a subway train, 100. A jet taking off, heavy metal concert or a cranked up Apple Computer iPod, over 115. That's decibels, before this list begins to sound like a Mastercard advert.

Though some would debate your right to ears if you keep your iPod volume maxed at an ossicle-wobbling level, an owner of Apple's popular Lilliputian jukebox has filed a lawsuit against the computer maker, claiming the device can cause hearing loss in people who use it.

So don't use it, you may snort with derision. Yet the case runs deeper that that. The user, John Kiel Patterson, claims the music players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss," The Associated Press reports. Patterson is seeking compensation for damages and upgrades that will make iPods safer.

Yet Steve Jobs' Apple Computer (nasdaq: AAPL - news - people ), which ships a warning with each iPod that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume", includes exhortatory phrases such as "crank up the tunes" and "bring in the noise" in lesson manuals related to the device, according to Patterson's lawsuit. His complaint also states the devices can produce sounds of more than 115 decibels, a volume that can damage a person's hearing if exposed to the sound for more than 28 seconds per day.

Analysts have been bemused by the legal action, pointing out that the iPod may be more popular than other portable music players, but isn't necessarily any louder. "We have numerous products in the marketplace that have the potential to damage hearing," one was quoted as saying. "The risk is there but the risk lies with the user and where they set the volume." Now, you don't go suing the sun if you stare at it for too long, do you?

An Apple spokeswoman declined to comment, according to AP. More...

I have an iPod, I love it & use it all the time. Funny thing though, mine has a volume control.

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