England: Musician who suffered serious damage to hearing wins landmark case

On September 1, 2012, Chris Goldscheider suffered irreversible damage to his hearing after noise levels exceeded 130 decibels, equivalent to a jet engine.

The case is the first in which a judge has looked at the music industry’s obligations in respect of musicians’ hearing.

ROH said it was “surprised and disappointed” by the outcome of the case.

Mr Goldscheider sought damages for acoustic shock, a condition whose symptoms include hyperacusis, dizziness and tinnitus.

He told the BBC: “With this condition if you are exposed to normal sounds, unfortunately they become incredibly painful.

“I suppose the nearest analogy is if you imagine for a normal person to walk on normal ground and then you imagine walking barefoot on glass.”

Mr Goldscheider must wear ear defenders to undertake everyday tasks.

The ROH argued acoustic shock does not exist and that, if it actually does, Mr Goldscheider did not have it.

It argued instead that he had developed Meniere’s disease at the exact same time that the super-loud noise burst behind his right ear.

But Mrs Justice Nicola Davies stated: “I regard the defendant’s contention that Meniere’s disease developed at the rehearsal as stretching the concept of coincidence too far.”

In response to the ROH’s argument that a balance must be struck between preserving artistic integrity and reducing the risk of damage to musicians’ hearing, she said that “the reliance upon artistic value implies that statutory health and safety requirements must cede to the needs and wishes of the artistic output of the Opera company, its managers and conductors.

“Such a stance is unacceptable. Musicians are entitled to the protection of the law, as is any other worker.”