A San Francisco appeals court has upheld a previous ruling that Apple's iPod cannot be held responsible for hearing loss.
In the ruling, a judge wrote that the plaintiffs did not offer evidence to show the iPod's earphones 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 plea"d a potential risk of hearing loss not to themselves, but to other unidentified iPod users.
In addition to money damages, the suit called for a judge to require that Apple improve and provide better earphones, offer disclosures and test iPod users for hearing loss.For mor eon this story, see Apple wins appeal in earbud hearing-loss lawsuit on ZDNet.com.