Our client worked at a Nightclub as a member of the security staff for over 20 years. The nightclub itself was a part of a large national Chain of Hotels called Britannia Country House Hotels Ltd.
Exposure to Noise
As a part of his role our client was expected to monitor the dance floor area and other parts of the nightclub. Noise levels often exceeded 100dB which is much greater than the 90dB and 85dB limits stipulated by law at the relevant time. No hearing protection was ever provided to him, training or noise awareness despite the fact he would be working in noise for many hours at a time.
What did we have to establish?
We had to establish the following basic matters:
- Our client did have noise induced hearing loss
- He was employed by the defendants
- He was exposed to excessive levels of noise
- The defendants owed our client a duty of care and were negligent in failing to provide hearing protection, traning and supervision.
How did we help?
From the outset it was important we listened to what our client had to say and act upon his instructions. This meant we had to do the following to progress the case:
- Discuss with our client how and where he worked to establish a picture of his exposure to noise.
- Assess the time limits involved in the case
- Arrange for him to undergo a hearing test
- Establish whether the companies still existed and contact the relevant insures notifying of the claim.
- Arrange a medical report
- Advise the client on the prospects of the case and discuss how we had valued the claim.
- Commence court proceedings
- Negotiate settlement
This case was fought by the defendants insurers and court proceedings had to be commenced. It was necessray to obtain an acoustic engineers report to support the case and in light of this evidence the defendants finally accepted defeat and agreed to compensate our client.
Eventually we were able to negotiate a settlement of £4,000.