UK Musician's Hearing Damage Lawsuit Win Could Have Massive Impact On Music Industry

A British viola player has won a historic lawsuit against the Royal Opera House for hearing damage he sustained while playing with the orchestra.

As BBC reports, on 1 September 2012, Chris Goldscheider was seated directly in front of the brass section of the orchestra for a rehearsal of Wagner’s booming opera Die Walkure.

Goldshcider was exposed to noise levels exceeding 130 decibels, which is louder than a jackhammer, causing him to sustain irreversible hearing damage due to an affliction referred to by musicians as ‘acoustic shock’.

As a result of the condition, Goldscheider left the orchestra in 2014 and suffers from tinnitus, hyperacusis and dizziness.

"With this condition, if you are exposed to normal sounds, unfortunately, they become incredibly painful," Goldscheider said.

"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."

The Royal Opera House argued that acoustic shock does not exist and that if it did, Goldscheider would not have developed it.

Justice Nicola Davis rejected the defence stating, "Musicians are entitled to the protection of the law, as is any other worker".

"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," said Davis.

The Royal Opera House will now have to re-assess policies and procedures as they related to the wellbeing of orchestra musicians.

It’s the first time that the condition has been acknowledged as worthy of compensation by a court of law. Goldscheider's solicitor, Chris Fry, spoke of the impact the ruling could have on the industry.

"This case has huge significance and will send shockwaves across the music business," said Fry

"It has considered itself exempt from the same regulatory requirements as all other sectors because of the artistic nature of its output."

Damages for Goldcheider are to be assessed at a later date.