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The right to cause damage to someone's hearing.
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Re: The right to cause damage to someone's hearing.

rufus wrote:
I don't want to have a go as I reckon loud music is a pain in the arse and permanent damage to your ears is, well, permanent but I think legally here you would probably struggle. You admit to attending the club numerous times, are aware that the speaker is close to the dance floor and imply that the music is usually very loud. You also say that your tinnitus was due the fact that the music was louder that night but you did not leave and perhaps paradoxically state that you did not notice. You also give them an argument against you by saying that tinnitus can be cumulative means that the regular loud music at the club may have been the problem rather than there being any sudden change in the volume. I reckon a barrister would point out that you said "everyone" had ear damage and ask you how you knew this. If I were batting against you, I would assume you spoke to people at the club on the night. If so, you show that you knew. If not, you cannot justify your claim of mass damage (unless you tracked down everyone from the club). If you could track a large number of clubbers down and they all copped bad tinnitus on the 25th then I reckon you've got a case, a class action.

I think the manager should respond to you but as Labhead said, it would probably backfire on the owner, especially if she or he upped the volume rather than the DJ, or put the speakers there despite advice against it from health and safety experts. It is a shame that you cannot get into honest dialogue these days. The legal system makes it so.

I reckon if you had phrased things differently then the manager may have replied. By saying "the harm you are causing" or "Clubs and DJ's somehow think people want those dangerously high volume levels" you will put the person on the defensive. Sometimes a subtle letter with a bit of flattery or neutrality can get you in the door, so to speak.

I wish you luck with it but I won't hold my breath. I reckon if you win, then clubs around the world will take notice. You would set a precedent that could shake things up.

First, there's a threshold where damage happens, and I'm not sure where the threshold is. I think it's anything above 95 db, but I think it's a matter of how much above, how long you're in the sound, and whether it just peaks occasionally. Everyone when it's above a certain decibel level gets the same damage which I know to be a fact according to what I've read. So I do know that if it was above a certain level we all were harmed. Perhaps people don't understand that about loud noises. People with tinnitus have more noticeable damage, but some hair cells are killed off in everyone and don't grow back. Something that's loud does not mean it's beyond a threshold for noticeable damage even for me. But I need to pay more attention to the possibility of damage. Drinking makes judgment about these things even more problematic, but also you just can't always tell how loud is too loud. I should just assume it from now on.

There are no current laws protecting me. I only wish they would try to change the configuration of their speakers and lower their decibel level.

Jul 09, 2010, 17:23


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