Considering Legal Action After Store Alarm Caused My Tinnitus to Get Worse

[Joeseph Stope]

Another Sad Story:

Two weeks ago, I was doing my shopping at a large international grocery chain, not a small mom-and-pop store or a five-and-dime shop. I picked up my groceries and went to the self-checkout till to scan my items and pay.

There was a supervisor nearby, keeping an eye on things, which is part of his job, so no issues there. He noticed that the scanner did not register a discount on one of my items. At one point, he stepped in to correct the issue and then scanned the rest of my items himself. For instance, I had six yogurts, and he scanned one and multiplied it by six, telling me so as he went along. Afterward, I collected my groceries and proceeded through the checkout area.

As I exited, I was suddenly hit by an incredibly loud alarm, so loud that you would not believe it. The supervisor waved me on, saying, "Go on, go on." I left, but unfortunately, two weeks later, my tinnitus is still ringing at a high volume.

I am now considering legal action for the injury caused by this incident. I went to a citizen's advice center, but the representative could not find any specific legislation, such as a maximum decibel limit for alarms that customers can be subjected to.

I have been replaying the event in my mind, trying to decide how to approach this. I have thought about buying a digital decibel meter or several, consulting a lawyer, or even going directly to the supermarket to request they lower the alarm volume. Excessive noise is not necessary to deter theft; quieter measures would suffice.

For the record, I paid for all my groceries that day before leaving the store. Oh, and my biggest "crime" in life was returning library books late decades ago. Otherwise, I have a completely clean record.

This issue may seem trivial if it were a one-time event, but it could happen to anyone. The excessive noise of alarms like this is harmful and unnecessary.

And lastly, Happy Christmas to all.

 

[object16]

I always wear noise-canceling headphones in any store. Occasionally, I might even wear musician-style hearing protection. What you describe is unfortunate, but it will gradually lessen. Two weeks may seem like forever. I have been there. Once, I experienced a spike that lasted for six months after a fire alarm went off in the hospital where I work. I was in the wrong place at the wrong time and could not escape.

I complained about it later, and they came with measuring devices to check the sound levels. They told me it complied with the hospital safety code and that the sound pressure level was acceptable. One of the really good employees quit over the incident.

There is not much that can be done, except what I do now. A colleague once told me to always wear some form of hearing protection when you are outside your home. Even inside your home, accidents can happen. A dish could fall on the floor and break right next to you. That has happened to me from time to time. It is maddening, but it has occurred so often that now I just fume for a while and then take a significant dose of Clonazepam to suppress the spike.

Usually, several days of a higher Clonazepam dose helps to bring the spike down. You could even get a prescription for Seroquel, but be cautious with it. I once overdosed on Seroquel and thought I was going to die from a movement disorder. On the other hand, Clonazepam is safer in that regard, though it will not kill you unless you combine it with alcohol or other substances.

I always keep plenty of Clonazepam on hand. That said, it can sometimes be difficult to find a doctor willing to prescribe it, as it is classified as a controlled substance. There is also the risk of dependency, and it can be hard to stop using it. For that reason, I suggest taking it only for the short term, such as two to four weeks, if possible.

 

[Barry098]

Taking legal action could not hurt. At the very least, it could raise awareness about the fact that many of us are suffering from this issue.

While you are at it, consider addressing Trader Joe's bell ringing as well. It is completely unnecessary, and they often do it right next to children sitting in their parents' carts at the register.

 

[Joeseph Stope]

Taking legal action could not hurt. At the very least, it could raise awareness about the fact that many of us are suffering from this issue.

While you are at it, consider addressing Trader Joe's bell ringing as well. It is completely unnecessary, and they often do it right next to children sitting in their parents' carts at the register.

Now, that's a big question. It depends on the jurisdiction where you take your case. If I lose, I might end up liable for the other party's costs.

Some counterarguments that might be raised include:

1. "Prove that the sound of the alarm was the direct cause of your (increase in) tinnitus."
   
   That's not easy to prove. There are other factors, such as traffic noise, overflying aircraft, or infections. I do have a digital decibel monitor, but I don't carry it with me everywhere. Besides, even if I were to organize a police raid on the store to check the alarm, the person in charge could have easily turned the volume down in the meantime.
   
   
2. "Our checkout staff have never complained, and they tolerate the alarm going off four or five times a week (or day)."
   
   Yes, but they are all young and in their prime, twenties or thirties, and the alarm isn't directed at them specifically.
   
   
3. Regulations and legislation.
   
   I've been trying to find a definitive answer in the legislation. For instance, is there a law or regulation stating that a decibel level of 110 must not be exceeded? I'm still looking for such a rule. Legal phrases like "a noise level likely to cause hearing damage" would be bread and butter for highly paid defense lawyers, who could drag the case out indefinitely.

I'm slowly coming to the conclusion that only something like a class action suit or significant financial backing could sway the courts.

And why didn't I think of that modern therapy, prednisone injection, is it called? I should have headed to an ENT specialist immediately. But the incident happened on a Friday evening when everything was closed. Just my luck, I guess.

Still, this might open a new front for the hearing-damaged community. It's not before time, considering everything else we already have to contend with.

Oh, and Trader Joe's? That's across the Atlantic from me, in the next parish, so to speak.