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?

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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

Answers:

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

Answered 5 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.


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