Apple wins appeal in earbud hearing-loss lawsuit

Judge says plaintiffs failed to prove that iPod earbuds are dangerous.


Just because something can benefit from some improvement doesn't mean that it's necessarily bad for you. That's basically what a San Francisco appeals court said when it upheld a previous ruling that Apple iPod earbuds cannot be held responsible for hearing loss, according to a Reuters report.

In the ruling, a judge wrote that the plaintiffs didn't offer evidence to show that iPod earbuds were dangerous, only that they believed they could be made safer. The judge wrote:

The plaintiffs do not allege the iPods failed to do anything they were designed to do nor do they allege that they, or any others, have suffered or are substantially certain to suffer inevitable hearing loss or other injury from iPod use. At most, the plaintiffs plead a potential risk of hearing loss not to themselves, but to other unidentified iPod users.

In addition to money damages, the suit wanted a judge to require that Apple improve and provide better earphones, offer disclosures, and test iPod users for hearing loss.

This story was originally posted at ZDNet's Between the Lines

About the author

    Sam Diaz is a senior editor at ZDNet. He has been a technology and business blogger, reporter and editor at the Washington Post, San Jose Mercury News, and Fresno Bee for more than 18 years.


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