This month the Royal Opera House lost its appeal over the life-changing hearing damage caused to viola player, Christopher Goldscheider, during a 2012 rehearsal.
Mr Goldscheider won the landmark case against the Royal Opera House last year, in which he claimed damages for acoustic shock, hyperacusis and dizziness, after being exposed to noise levels exceeding 130 decibels.
This decision was challenged by the Royal Opera House who claimed the artistic value of the music produced by the orchestra meant that some hearing damage to its player was inevitable and justifiable. This was rejected by the Court.
In 2012 Mr Goldscheider was seated directly in front of the brass section of the orchestra for a rehearsal with the bell of a trumpet immediately behind his right ear and noise levels reaching 132 decibels.
His hearing was irreversibly damaged and he now has to wear ear defenders to carry out everyday household tasks, such as preparing food.
The Court of Appeal ruled unanimously that the Royal Opera House failed to take reasonable steps to protect Mr Goldscheider during the 2012 rehearsal and failed to act on dangerous noise levels until it resulted in injury.
It was a well-known myth that orchestra spaces and live music venues are exempt from noise protection. The Court of Appeal have clarified this as incorrect and going forward, employers and organisers will now have to put processes in place to assess noise and anticipate sudden rises in noise levels.
They will then have to take reasonably practical steps to prevent injury resulting from the noise.
Speaking after the Court of Appeal decision Mr Goldscheider said "I am grateful to the court for acknowledging that more should have been done to protect me and other musicians from the risk of permanent and life changing hearing problems.
"We all want to find a way to participate and share in the experience of live music in a safe and accessible way and I hope that the guidance which the Court of Appeal has given in my case will help others. I hope that the Royal Opera House will now support me to get on with rebuilding my life".
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