The suit alleges that the iPod can produce sounds of 115 decibels, a volume which can harm the hearing of anybody who listens to it for more than 28 seconds a day.

If successful, the filer of the suit, John Kiel Patterson is demanding financial compensation for damages, a share in iPod’s profits and a software update which would impose a decibel limit on the iPod’s volume control.

Apple has already had to limit the decibel level of iPod’s in France due to similar complaints. It has also made a number of settlements related to the iPod, principally in cases concerning its durability and the battery life of the earlier models.

Mr Patterson said he himself was unsure if his hearing had been affected by the iPod, but that it was besides the point as the real case concerned the possibility of hearing loss. Apple has declined to comment.