I'll bet he's a smoker, too.

I got this here: http://www.engadget.com/2006/02/02/apple-sued-over-ipod-hearing-risks/

Apple sued over iPod hearing risks

Posted Feb 2nd 2006 9:19AM by Marc Perton
Filed under: Portable Audio, Portable Video

Just when you thought disgruntled iPod customers couldn't find anything else to complain about, a Louisiana man has filed a lawsuit against Apple, complaining that the iPod can cause hearing loss. According to the suit, the iPod can be pumped up to over 115 decibels, a level that can damage hearing, and the audio players are "inherently defective in design and are not sufficiently adorned with adequate warnings." A lawyer for the plaintiff said he didn't know if his client had suffered hearing loss, but said that's irrelevant. "He's bought a product which is not safe to use as currently sold on the market," the lawyer said. Given that iPods already include warnings that state that "permanent hearing loss may occur if earphones or headphones are used at high volume," we don't expect this one to go very far. In the meantime, we're sure someone out there is planning a lawsuit over the iPod with video, claiming that it's an unsafe device because you could be hurt if you watch videos while walking or driving.

My thought - Well, DUH!!! Don't play it at max level anyway!! The freakin' guide tells you not play it above like 60 or 70% volume in the first place.
Are you going to sue Trojan because your condom fell off, too?
Idiot...