Legal Question in Personal Injury in California

Re: Noise pollution

It will be difficult as you have to show that this night clubs noise was the cause. Also, there is the possibility that your voluntary entrance to the club may greatly reduce whatever damages you may be entitled to.

Re: Noise pollution

You can file, but winning may be difficult. This would most likely be a negligence suit (unless you plan to allege that the club and/or any other defendants intended to harm the audience), and there is a doctrine in negligence law called "assumption of the risk" which defeats negligence claims based on the type of injury that could reasonably have been foreseen by the plaintiff before he put himself in harm's way. You might still win if you can allege -- and prove -- that the sound was much louder than you could reasonably have expected. Of course, you would also have to prove a number of other things, including your premise that the loud music caused your condition.

Re: Noise pollution

Sorry, but if your tinnitus was caused by noise at a rock concert, you assumed the risk and have no credible basis for discovery. Further, there are many causes for tinnitus and you should be evaluated by an ENT, preferably an otologist. The House Ear Clinic is a great recommendation.

Tinnitus caused by loud noise will often subside or even disappear.

Good luck.

Re: Noise pollution

You should first establish by competent medical advice, that, in fact, your were caused to sustain

tinnitus as a result of the music you were subjected to, excluding other noise you have been subjected to. Further, you would have to honestly testify that you did not know or suspect that at the time, that is, you didn't know that the volume would be so intense as to damage your hearing. All and all, not an easy case to prove. But providing these pemises are true, you do have an action against the club.