Notice: It is not the fault of Apple Computer Inc. if you are a moron:

A Louisiana man has filed a class action lawsuit against Apple Computer for allegedly putting consumers at risk of suffering noise-induced hearing loss.

The complaint, filed January 31 in the U.S. District Court in San Jose, Calif. by John Kiel Patterson, alleges that iPods fail to contain adequate warnings regarding the likelihood of hearing loss. Patterson claims that the iPods and the accompanying "ear bud" earphones are defectively designed.

The suit notes that in 2002, France required Apple to limit personal listening device output to 100dB. In response, Apple pulled its players from store shelves and upgraded the software in European models to limit output to 100dB. It did not change U.S. models, the complaint alleges.

All models in Europe and America allegedly contain a means for the individual user to adjust the volume of the device to any level they want. Thousands of people in Louisiana just lost everything in hurricane Katrina, and this guy can't find the volume control on his iPod. Where's the justice?

Whatever happened to tort reform? In a rational legal system, this suit would be thrown out of court, the plaintiff would be charged court costs, and his attorneys would be sanctioned by the court for filing a frivolous lawsuit.