Liability for hearing damage: your rights


Questioner

Recently I suffered hearing damage after attending a club party, resulting in constant tinnitus. The tinnitus is not objectively observable, so it cannot be proven (tinnitus). Now suppose it could be demonstrated that the music in that club is too loud, which poses a risk of hearing damage. Could I achieve anything with this? And if the sound is too loud, could I even demonstrate that the hearing damage is linked to that? Without any warnings anywhere, I had already taken precautions myself (unfortunately without effective outcome). At the moment I was exposed to the loud noise, I was wearing earplugs with a 15db filter, bought at Hans Anders.

Lawyer

Whether a liability claim could be set up, and any damage incurred could have been prevented, cannot be answered in this way. To determine this, the case would have to be delved into. An important point in this is therefore the own responsibility of the club's visitors. They could also have taken precautions, by being able to bring earplugs and put them in. Various factors will therefore have to be considered to determine whether the club can be held liable. If you would like further help and/or advice, please feel free to contact me.

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