Acoustic trauma

[apaclin]

We went to a first rehearsal with a band (all members were musicians that I knew previously) to play my original music and the spot to rehearse was a drummer's spot that he suggested, that turned out to be shitty (red flag), not good sounding equipment and just one speaker (typical in terms of size, you can find ones like these in the rehearsal bases and small venues). We were gonna use playbacks from my MacBook into the Apollo Twin (where I used the line output) into the mixer. In the playback there was a string section playing legato passages and at the moment he turned it on in the mixer it was at the maximum volume in the track. He didn't bring the volume up on the mixer gradually, just blasted it abruptly so f*** loud that the speaker distorted and all that into my right ear which was turned more in the direction of the speaker. Right after that I noticed the sensitivity to high frequencies was diminished in that ear, later it returned (partially most likely), but it hurt for 7 days. And I didn't have any acoustic traumas as bad as this before. Went to the ENT doctor (she just did a timpanometry and whisper test – results are normal) and 1,5 years after (recently) I went to audiologist, did the audiometry which showed that 12,5kHz frequency is 20 db lower in the right ear as opposed to the left. FYI both ears diminish at 14kHz equally.

What do you think about the situation? Worth suing him? Also – happened in Russia.

[BJG145]

That sounds extremely frustrating. Unfortunately I think it's just one of these occasional setbacks in life that we have to accept. Suing someone in this situation sounds like it would be very difficult, and would just prolong the misery. It sounds a bit wishy-washy, but I'd suggest that you try and find forgiveness and acceptance instead.

[Wonks]

One problem you’d have is that unless you had a recent hearing test before the incident and both your ears were the same, then you’ve no way of knowing or proving that the damage was anything more than temporary.

Your ears may already had different responses, but you weren’t aware of it (because the brain is good at compensating).

And as you play rock music with amplifiers, any defence lawyer will argue that it’s most likely self-inflicted over time.

My hearing damage was certainly self-inflicted, testing out my PA with a new sub at home and pushing up the faders in the wrong order and getting full-output feedback through a mic.

The bass player and the other guitarist in my last band were both significantly deafened in one ear by the drummer in a previous band who was incredibly loud and it took just one hit on the snare during a rehearsal set-up.

If you don’t wear volume-reducing earplugs, then hearing damage is something you risk every time you play in a band.

[Hugh Robjohns]

If you don’t wear volume-reducing earplugs, then hearing damage is something you risk every time you play in a band.

Repeated and emphasised as the single most important thing to do...

And I agree with Wonks. Given the information you've presented you stand zero chance of successfully suing your band mate.

[Sam Spoons]

Aside from the good advice above ask yourself has he got any money? There's no point in suing him if he hasn't.
Has he got lots of money? If so can you afford to match his expensive lawyer?

[apaclin]

And as you play rock music with amplifiers, any defence lawyer will argue that it’s most likely self-inflicted over time.

I don't play rock music with amplifiers, I don't even have one.

Aside from the good advice above ask yourself has he got any money? There's no point in suing him if he hasn't.
Has he got lots of money? If so can you afford to match his expensive lawyer?

No, he hasn't.

[RichardT]

Libel lawyers in the UK sometimes say - don't sue, it's just not worth it in terms of cost and stress. I know your case isn't libel, rather negligence, but I suspect the same applies.

Unless you had the same tests just before the incident as you did afterwards, then your case is weak.

Negligence is also quite a high bar to reach. This kind of event is actually quite common in the music world and one such event led a guy to found a company dedicated to protecting musicians' hearing. I use their products (Etymotic)!

If you were not wearing hearing protectors, then that could be used by your opponent's lawyers as a basis for claiming you were not taking enough care yourself.

I think it's best to move on, painful though it is.

[Wonks]

And as you play rock music with amplifiers, any defence lawyer will argue that it’s most likely self-inflicted over time.

I don't play rock music with amplifiers, I don't even have one.

Sorry. Because you are often talking about different guitars and amp sounds and band albums, I just assumed you must have an amp.

[Dave Rowles]

Sadly have to agree with everyone here. I had it with an audience member at a Jimi Hendrix tribute act I did sound for. The fully powered Marshall stack that he had was 110dB at the desk without any need for it to go through the PA, and an audience member claimed that the excessive volume hurt his hearing.

Without hearing tests before and after, there's no case. I wear earplugs while setting up anything, because you never know when someone is going to do something stupid, and after 20 years in the sound biz, I've only got very mild tinnitus which I only notice if I think about it. I've got fellow engineers my age who aren't so lucky.

[James Perrett]

If you don’t wear volume-reducing earplugs, then hearing damage is something you risk every time you play in a band.

Repeated and emphasised as the single most important thing to do...

And the cheap ACS Pacato earplugs come with a handy tubular metal container that fits nicely on a keyring so I now have no excuse for not having them with me all the time.

[Sam Spoons]

Aside from the good advice above ask yourself has he got any money? There's no point in suing him if he hasn't.
Has he got lots of money? If so can you afford to match his expensive lawyer?

No, he hasn't.

What are you hoping for if your sued him and won?

[apaclin]

Thanks for your replies guys! I think I'll start wearing earplugs when people set up from now on.

[AlecSp]

As with the others - don't waste your time. You've no evidence that would prove damage beyond reasonble doubt.

And, even if you were successful, which IMHO you wouldn't be, your hearing can't be repaired, and you've aready indicated there's no money to go after.

Most of us in the business look back on a few key episodes we wished we'd handled differently - but can't change after the event.

Most valuable outcome is to learn the value of hearing protection, which you can control.

[Hugh Robjohns]

...and use your bad experience to warn others of the importance of looking after their own hearing.