It was only a matter of time. Remember the McDonald’s lawsuit a few years ago when a customer spilled coffee all over themselves, then sued the restaurant because the coffee was too hot?
The same thing is apparently happening with the iPod, albeit with considerably less blistering in the crotch area.
A man by the name of John Kiel Patterson of Louisiana is suing Apple for hearing loss, claiming iPods are "inherently defective in design and are not sufficiently adorned with adequate warning regarding the likelihood of hearing loss." Patterson has registered his lawsuit as a class action, so we can probably expect to see hundreds of others claim hearing loss as a result of their listening habits.
Just like McDonald’s was sued because their coffee was too hot, iPod is being sued because their headphones are too loud – if a product can cause hearing loss, even if the customer was in control of the volume knob the whole time, apparently it’s the company’s fault.
You’re not allowed to sue the gun industry any longer because their products are too lethal, but manufacturers of consumer products are evidently fair game in the U.S. But just as handgun makers claim they don’t make guns for the purpose of murder, I seriously doubt Apple set out to make all of their customers deaf – otherwise how would Apple sell them music from the iTunes Music Store?
The case has a long way to go before it gets to trial, but I doubt Apple will want to settle out of court because every scam artist alive will turn around and sue companies like Apple, Sony and Creative for hearing loss – which is very difficult to prove either way (even Patterson is not sure if his hearing loss is complete the fault of his iPod).
As a temporary remedy, I think we can expect larger warning labels on music players and all styles of headphones warning people that prolonged exposure to loud noises can, in some cases, result in hearing loss.
Most of us were told as much when we were growing up, and the ear protectors worn by people working noisy jobs are a dead giveaway, but you can’t over-estimate common sense.
According to Consumer Reports, most music players and ear buds average a maximum volume of about 97 decibels, with 100 dB being the level where most people can damage their hearing even after a short period of time. Usually hearing comes back if it’s a one-time thing, but sometimes the damage is permanent after just one exposure. Sometimes it takes a few exposures for damage to set it.
To be safe, people should never exceed the 85 dB range, which is about the same ambient level as a vacuum cleaner or a noisy restaurant. If you can’t hear the voice of the person next to you talking, even if you can’t understand what they’re saying, you probably have your volume too high.
The thing about hearing loss is that it’s a vicious cycle. If we damage our hearing slightly we tend to turn the volume up to compensate, which in turn causes even more damage.
The rule of thumb is to always be conservative. Maybe get a few people you know to listen to your music player to see how loud they find the volume, and find a happy medium. Instead of trying to drown out the rest off the world, maybe you can also look at your tunes as background music – great for ambience, but not so loud that you can’t hear the world around you.
If you suspect you might have had your hearing damaged at some point, see a doctor. If you’re not sure, you should make an immediate effort to turn your volume down – some lost hearing may come back in time, providing there’s no permanent damage to you hearing organs.
I know I’ve been rendered temporarily deaf after some rock concerts I’ve been to, and it usually takes a few days for the ringing to stop and that echo-chamber effect to go away completely.
Not all damage is permanent, but it’s safe to assume that the risk of permanent damage would go up if I went to a concert – or listened to one on an iPod – every single day of my life.
Last minute Valentines
Yes, Valentine’s Day is an non-event contrived to sell cards, chocolate and flowers, and, no, that doesn’t mean you get a pass. I look on Valentine’s Day like I look at standardized tests – not the best measure of a person’s value, but good luck getting into the best schools without them.
There are a lot of places to get flowers, chocolate and cards in Whistler, and some restaurants may still be taking reservations.
Here are some other suggestions:
In the next few weeks, tickets are going to go on sale for the 2006 season of Bard on the Beach in Vancouver (www.bardonthebeach.com). ‘A Midsummer Night’s Dream is probably the world’s first romantic comedy, and it’s one of the best, so pack a picnic, bring a blanket, and get your tickets well in advance.
While nobody makes mixed tapes anymore, it’s still probably the nicest thing you can do for a person. Go to the iTunes Music Store (www.itunes.com), and make her a CD with all of her favourite songs.
Cook her a fancy dinner at home. Don’t know how? Try www.allrecipes.com, www.allrecipes.com
If you totally blow it, there’s always Easter.
