An owner of Apple Computer Inc.'s iPod music player filed a federal lawsuit against the computer maker, claiming the device causes hearing loss in people who use it.
The portable music players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss," according to the complaint, which seeks class action status. The suit, filed Tuesday in U.S. District Court in San Jose, seeks compensation for plaintiffs' hearing loss and upgrades that will make the iPods safer.
Apple has sold more than 42 million of the devices since they went on sale in 2001, including 14 million in the fourth quarter last year. The devices can produce sounds of more than 115 decibels, a volume that can damage the hearing of a person exposed to the sound for more than 28 seconds per day, the complaint states.
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