John Kiel Patterson of Louisiana, an Apple iPod user, has filed suit in U.S. District Court in San Jose, California, seeking compensation for unspecified damages, and to force upgrades that could make iPods safer to use.
According to the complaint, the portable music players are "inherently defective in design and are not sufficiently adorned with adequate warnings regarding the likelihood of hearing loss.''
iPods can produce sound volumes of more than 115 decibels, enough to damage the hearing of a person exposed to the sound for more than 28 seconds per day, the complaint states.
Apple labels iPods with a warning that cautions "permanent hearing loss may occur if earphones or headphones are used at high volume.''