Is Your iPod Too Loud? Sue Apple

In Shakespeare's Henry VI one of the characters, “Dick The Butcher" said, “First thing we do, is kill all the lawyers."

An iPod owner has filed a federal lawsuit against Apple, claiming the device cause hearing loss in people who use it. What's next? Let's sue Oprah because she promoted a fiction book as non-fiction?

The San Jose Mercury News quotes from the suit that portable music players are “inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.”

The suit was filed on behalf of John Kiel Patterson of Louisiana. He’s probably of the same Patterson’s who wear “Runs With Scissors” t-shirts.

McDonald’s gets sued because their coffee is too hot. Hot coffee is supposed to be hot. Hot coffee should not be spilled onto exposed skin.

Has Mister Coffee or Folgers been sued? It must be the brand names that attract goofy lawsuits. McDonald’s has also been sued by fat people for making them fat.

Now Apple gets sued for because the iPod causes hearing loss? Can we sue Jay Leno because he makes fun of President Bush. Yes. That’s what makes America so much fun.

It’s also what makes the country a laughing stock. It’s all that freedom. We should sue to have less freedom. No, wait. That’s why we elected a Republican president.

The iPod lawsuit says such music devices can produce sounds of more than 115 decibels (that’s loud) which can damage the hearing of a person exposed to the sound for more than half a minute per day.

Rock concert goers beware. Children of the 60s, 70s, 80s, 90s, and Rolling Stones concerts, beware.

To be fair, Apple provides a warning with each iPod. It says, “Permanent hearing loss may occur if earphones or headphones are used at high volume.” Duh.

Apple should add this phrase to every iPod box: “Warning. You may not purcahse or use the iPod and then sue us for any reason whatsoever, forever, and ever.”

Amen.

I have a difficult time sympathizing with people who sue McDonald’s because they’re too fat. Or the coffee was too hot. It’s like blaming Hooters for adultery.

In many European countries, the loser in a civil court case pays the legal costs of the winner. That’s an idea whose time has come.

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Reader comments...
Terrin says:

JCR, let me add one point. The fact, that millions of people are able to drive around without recieving third degree burns and spending eight days in the hospital should tell you this was not a normal situation. Either the woman was negligent or McDonalds was. Both courts that heard the case sided with the woman (even though the second court lowered the award). I assume some of the judges or jury members have drunk coffee before and drove.


BadGuy says:

This woman is american isn’t she?


Kash says:

Read the facts before siding with negligant business owners, and hyper conservative republicans wanting to take advantage of people (don’t get me wrong, i am for dumping all lawyers at the bottom of the ocean).  The hot coffee case was truely result of a corporations neglegance and treating customers like statistics, so customers strike back:

http://lawandhelp.com/q298-2.htm
http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm


mjc says:

I don’t really care how hot the coffee was, but from what I’ve heard it was about 190 degrees. Coffee is made with boiling water. If you didn’t know, water boils at 212 degrees. If you were smart you would wait a while for it to cool off before you took the lid off. She obviously wasn’t. She’s either stupid as hell or just wanted to make some money. Actually both of those reasons are probably true. If I spilled it on myself I wouldn’t blame McDonald’s because they didn’t spill it on me. If you think I’m wrong then you’re fucked up in the head.


Terrin says:

So, MJC I guess in your book it is OK that McDonald’s broke the law. Fact is that it was legally required to keep the coffee at a particular temperature. It didn’t. This is even though it had been repeatedly warned that the coffee was too hot and being served above the legally required temperature. I would guess that your one of those hypocritical people who wanted Paris Hilton to do the time since she did the crime. Here, however, where MacDonald’s repeatedly broke the law, had been repeatedly warned that it was dong so, and eventually injured a woman, you don’t want it to pay.

Moreover, I drink coffee while driving all the time. I am willing to take the risk because even though I know I could get burnt, I do not expect to receive third degree burns, or spend three days in the hospital. I do not expect this because I have spilled hot coffee on me a few times and know that it generally is not served hot enough to do that type of damage. However, MacDonald’s served its coffee way above what was safe or legal. Even its own expert testified to that effect.

Furthermore, you don’t know anything about coffee. Coffee is not supposed to be made with boiling water, as that makes it bitter. It is supposed to be made with water at about 195F. Water boils at 212F. Moreover, preferred serving temperature (and legally required serving temperature) is quite a bit lower (ranging from 140F to 160F).

See:

http://ift.confex.com/ift/99annual/techprogram/abstracts/3583.htm

McDonalds said during discovery that it held its coffee at between 180 and 190F.  Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.

Your free to continue being an idiot.


GeoSync says:

Thank you, Terrin, for making this case clear.

So many people live by the assumption that nothing is worth exploring; they know everything they need to know.

A poor understanding of the MacDonald’s lawsuit is a classic example of default position of arrogance and ignorance taken by many people.  They ignore the obvious—-a judge allowed the case, and a jury granted damages after hearing the evidence—-because they think they know enough based on a sound bite.

Yet, few people could describe what laws apply to food standards in restaurants.

On appeal, this case still held up in court: the damages were set at $480,000.

This was a valid tort case all the way around.  Also, it’s a important Ethics case taught in Business Administration degree programs.

Anyone still confused about MacDonald’s corporate culture ought to read ‘Fast Food Nation’ by Eric Schlessinger.


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