What can I do if I’m not a gun enthusiast and I recently went with a friend to a gun range and suffered hearing damage?

UPDATED: Apr 23, 2015

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What can I do if I’m not a gun enthusiast and I recently went with a friend to a gun range and suffered hearing damage?

I purchased a set of ear plugs for 99 cents as recommended by the counter person and shot for about an hour or so. After the session I had pain in both ears and couldn’t hardly hear. It’s been over 4 weeks now and I still can’t hear. I’ve been to two hearing specialists, had a hearing test and as a result I’ve lost over 50% of my hearing. I’m a novice, I know nothing about guns, . Shouldn’t the gun range be held responsible for not providing me with the proper safety equipment?

Asked on April 23, 2015 under Personal Injury, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The gun range is liable for negligence for not providing you with the proper ear protection.

Prior to filing a lawsuit for negligence, it may be possible to settle the case with the gun range's insurance carrier.  Obtain your medical bills and medical reports and documentation of any wage loss.  Your personal injury claim filed with the insurance carrier of the gun range should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the gun range insurance carrier, reject the settlement offers and file a lawsuit for negligence against the gun range.  If the case is NOT settled with the insurance carrier, your lawsuit for negligence against the gun range must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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.

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