Do You Think I Could Sue Rock Concert Organizer for Causing My Tinnitus?

[Tinker Bell]

No, and that's the trick. I risk equivalent of 6-7k USD in case of loss which is 10% of potential compensation the lawyer thinks we can claim. I don't think I'm ready to take such risk with 50% chances, it's easier to play roulette and bet on Red.

Under those conditions, of course an attorney will take your case. They stand to make $6,000 and the most likely scenario is you will not even go to trial because the defense attorneys will unravel your case during the discovery phase.

I agree with your point to some extent @Bobbie7 , still it sounds like you're fine with unaware people being deafened, which I'm not ok with. True most people that go to events like concert expect it to be loud, but usually they don't understand the consequences because nobody told them what T is and nothing can be done. I suppose 90% od TT members who acquired T at loud event never heard a T word before (at least this is the case on Polish T forum where I belong). People should be informed about possible consequencies be the event organizer, that's my point of view. Whether it's possible to win a case against them is a secondary problem, primary is luck of awareness among people what is the risk. Or perhaps in States where you're from awareness about T is on a better level; in Poland usually people don't know what it is unless they have it. So in general my posts refer more to the situation in my country.

Much of your frustration is that you were unaware that tinnitus was a possible risk of loud noise exposure.

But who's fault is that? Is it the concert venue? Perhaps they assumed you knew of the link between tinnitus and hearing damage.

Or maybe a medical professional should have warned you at some point in your life. I know during my own annual physicals my doctors have covered a wide range of potential health risks, yet I do not recall anyone ever mentioning tinnitus. Then again, doctors do not warn us about every possible risk in life.

What about parents? We live in a society that's often quick to blame parents. But it's likely your parents were unaware of the condition, too. And how were they to know you would one day go to a concert and get tinnitus while others would go to the exact same concert and not get tinnitus?

So whose fault is it? Or is this perhaps an unfortunate accident and no one source is fully responsible or negligent?

 

[GregCA]

The lawyer is an old friend of mine so I'm sure he is not trying to get my money for nothing nor inflating the chances. Anyway if the lawyer was only interested in the money he would claim 80% chances.

I'm trying to keep a straight face, but it's hard...

I wish you luck in your legal endeavor. Please let us know how it turns out!

 

[Kste Adams]

In the US, anyone can sue just about anyone else for just about anything. The bottom line is: would you win? Trying to hold someone else accountable for the results of a voluntary activity with known risks is probably a waste of time. And if you win? Money won't buy silence (although it could fund some interesting research).

 

[GregCA]

Under those conditions, of course an attorney will take your case. They stand to make $6,000 and the most likely scenario is you will not even go to trial because the defense attorneys will unravel your case during the discovery phase.

And that's not even the worst outcome... If the other party gets angry at their legal costs incurred to defend what they could claim is a frivolous lawsuit and starts countersuing to recover them, it could get ugly and end up costing much more than $6K...

 

[flobo]

I've entertained the possibility of suing the city where i got my T as well.

Mine is from a concert in a public place i left quickly since it was terribly loud.
I believe we should be safe in public and not exposed to harm (people are free to destroy their ears in private venues).

 

[Mentos]

Much of your frustration is that you were unaware that tinnitus was a possible risk of loud noise exposure.

Fully agree, I'm frustrated because I was unaware rock concert can results in tinnitus. Who wouldn't be frustrated in my shoes?

But who's fault is that? Is it the concert venue?

Exactly, the one who organizes entertainment should inform attendees about all known risks and safety precautions to mitigate them. Same as employer is obliged to inform his employees about all known risks at work. Labour law is pretty strict about it at least in Poland, why should this be different in case of events?

Perhaps they assumed you knew of the link between tinnitus and hearing damage.

Why should they assume this? What's a general knowledge in society about tinnitus? Perhaps they thought nothing about it, as long as they earn money from tickets and nobody calls them responsible for hurting people they simply don't care if unlucky ones earn tinnitus at their concerts.

Or is this perhaps an unfortunate accident and no one source is fully responsible or negligent?

True cases like mine are currently perceived as unfortunate accidents. But like in all other aspects of life accidents should be analyzed, we should try to find who's responsible and think of actions how to avoid accidents to reoccur to others. That's how we develop as a society and try to make our world a safer place for everyone, don't we?

 

[Mentos]

I'm trying to keep a straight face, but it's hard...

Why is that, don't you believe lawyers can have friends?

 

[GregCA]

Why is that, don't you believe lawyers can have friends?

No, that's not why I was having a tough time holding it in.
I also won't get into details. It's your time and your money, so put it to use any way you like.
Please report about the progress!

 

[dave in sound]

I know this is an old thread, but figured people on here might find this information helpful.

Most people don't realize that OSHA applies to the public and not just employees. OSHA also applies to concerts. Just because it's loud doesn't mean you shouldn't be warned and provided hearing protection.

Bands should post warning signs of the decibel levels they play at. There are bands that I've heard of that do warn and give our hearing protection.

Even though most bands don't do this, legally they're obligated to.

Here's the OSHA standard.

1910.145 - Specifications for accident prevention signs and tags.

1910.145(a)(1)
These specifications apply to the design, application, and use of signs or symbols (as included in paragraphs (c) through (e) of this section) that indicate and, insofar as possible, define specific hazards that could harm workers or the public, or both, or to property damage. These specifications are intended to cover all safety signs except those designed for streets, highways, and railroads. These specifications do not apply to plant bulletin boards or to safety posters.

Then there's the OSHA chart that details the decibel level and duration that someone can be exposed to.

1910.95(b)(2)

If the variations in noise level involve maxima at intervals of 1 second or less, it is to be considered continuous.

TABLE G-16 - PERMISSIBLE NOISE EXPOSURES (1)
______________________________________________________________
|
Duration per day, hours | Sound level dBA slow response
____________________________|_________________________________
|
8...........................| 90
6...........................| 92
4...........................| 95
3...........................| 97
2...........................| 100
1 1/2 ......................| 102
1...........................| 105
1/2 ........................| 110
1/4 or less................| 115
____________________________|________________________________

Some states and cities have their own tighter restrictions.

 

[TinaRuns]

I'm a personal injury lawyer who has handled several tinnitus cases on contingency. There are numerous comments on this thread that aren't accurate in terms of what lawyers will and will not do. Technically, this person might have a claim and theoretically could sue. The issue is finding a lawyer who will handle the case on contingency. Contrary to popular opinion, most personal injury lawyers have high standards for which cases they will accept bc we make zero dollars if the case is unsuccessful.

Every personal injury lawyer has slightly different intake criteria. The only way to know is to call and ask. My guess is 95% of PI lawyers (or more) would decline this case. The risk that many jurors would feel like many people who commented here, and award zero, is too high, regardless of the technical / theoretical merits of the case.

The successful tinnitus lawsuits we have handled (including one with a value of approx 1.3 million), the person was totally unaware that a loud sound was about to happen (unlike voluntarily attending a concert, even if you didn't know anything about T, you knew the sound would be loud), the onset was within 48 hrs so not difficult to prove something else wasn't the cause, no prior hearing medical records, severe or catastrophic tinnitus, prompt medical treatment, ongoing medical treatment, not much time before you call lawyer, and defendant with deep pockets or well-insured (e.g., loud boom from construction and you were just walking by). Without all of those things being true, most likely at least our firm would decline the case.

If you want a T lawyer, search for "tinnitus lawyer + your state," to at least get someone who might consider a T case. Again at least at our firm, we do not consider job related cases (most of which are workers comp, which we don't handle). And probably would decline any case without clear proof of basically everything listed above.

 

[GeorgeLG]

Most of us including me are not lawyers so at least I am not qualified to speak on the merits of a lawsuit regarding this. It also must not be very common because nobody here has reported on a lawsuit of their own. I see that the post before me was from a lawyer so that information should be useful.

I encourage you to consider this. What are you trying to accomplish? I know you are upset and are suffering from your condition but how will this help you? If all of this has put a strain on your finances and you need compensation for living expenses then that would be one reason. If you are looking to punish someone for your condition then you might want to ask yourself if this is really going to benefit you. Lawsuits are stressful, the other side will look for ways to discredit you and damage your character in the eyes of a jury. This condition is aggravated by stress and needs a better emotional state to allow improvement. Your energy may be better spent working on acceptance and healing so that you can get better. I have been through a few lawsuits and they rarely end with a great feeling of triumph and closure. If you win money then yes there is a temporary high from the instant gratification but lawsuits are exhausting, can leave you feeling even worse about yourself after they relentlessly attack you and then you still have tinnitus but you have delayed your healing by a few years, and the whole process may have made it worst.

Now, if you feel a strong calling to correct a societal scourge of damaging sound levels which are pervasive throughout our society and you have the energy and health to wage that ugly and draining battle then by all means, use your resources and energy to better society as a whole Erin Bockovich style and leave the world better than you found it. I'm not being sarcastic, the world needs such crusaders but very few people have the personality type to endure such a battle. They think they do but panic and want to bail about half way through because it's way more stressful than understood at the outset. I have discussed this very point with multiple lawyers including the room full I had in the large business that I ran. Every lawsuit that I have been involved in took multiple years. I have the personality for this type of thing and have been through a few of them but now in retirement, avoid litigation like the plague. I have multiple health issues and these things are stressful and bad for good health and they often do not turn out the way you anticipate. I know nothing about the legal process in Poland but what if you lose and they sue you for attorney's fees and prevail? That BTW is a completely separate lawsuit suit and now you are defending yourself.

It's easy for others to tell you to sue as they watch from a distance. They just read the highway billboards that say XYZ got me $ABC with their smiling photo. They don't have to go through the multi year process or risk being one of the thousands not in the advertisement. BTW, in the US a large percentage of people wind up worse off financially after a large windfall of money like from lawsuits and the lottery. For them, the money does not solve their problems, it makes new ones.

Do whatever you need to do but consider the entire picture, you need to get better and this may not help you do that. The world is filled with injustice and it is often not fair but we need to do what's best for us and ours. All the best brother.

George