The appellant, a former train driver, appealed against the rejection of his claim for damages for hearing losses incurred whilst carrying out his duties, which had involved regular exposure between 1974 and 2000 to noise levels between 85dB(A) and 90dB(A) gave rise to liability for any noise-induced hearing loss shown to have resulted.
Held: On the evidence before the court that, ‘at least until the 1989 Regulations came into force . . an employer would not normally be expected to be liable to an employee who was exposed to a level of sound lower than 90dB(A)leq’, but said that ‘this evidence cannot go so far as to negative in all circumstances liability to employees whose health is impaired as a result of exposure to sound below that level’
Judges:
Lord Justice Rix, Lord Justice Neuberger
Citations:
[2005] EWCA Civ 900, [2005] ICR 1680
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Doubted – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 02 September 2022; Ref: scu.228795