Am I able to Sue over hearing loss from operating a ride even though they did a hearing impact test two years later?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I able to Sue over hearing loss from operating a ride even though they did a hearing impact test two years later?

I oporated a ride for three or four years without
hearing protection and left the company. When
I came back they had done a hearing test and.
Determined that oporating the ride for more
than two hours can damage hearing. I came
back the second year after hearing protection
was required but the damage was already
done and I have trouble hearing some things.

Asked on October 8, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

First, based on your timeline, it may be too late to sue: the statute of limitations, or time within which you must start a lawsuit for personal injury (including hearing loss) is 2 years in your state, per CO. statutes Section 13-80-102(a). That's two years from when the harm occured, which at the latest would be the last day you operated that ride. If you did not even get the hearing test for two years after you stopped working there, it is likely too late to file lawsuit.
Second, if you could sue, while you *may* be able to win, it's not guaranteed: the fact that you were injured does not guaranty compensation. You would have to show with medical testimony that the injury came from the operational noise; and you'd have to show with safety and/or amusement park ride experts that then-recommended practice was hearing protection for operators and the failure to provide same was negligent, or careless. So there are two different things you'd have to show with expert witnesses to prevail.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption