bad instructions cause permanent injury

[Bcar1463]

What is the name of your state? KY

While setting up an emergency call device for an elderly relative (one of those things that automatically calls 911 if set off), my father was following the directions step-by-step from the manual. At one point, the instructions said something to the effect to, "after pressing the 'set' button, the device will emit an electronic beep to confirm the activation." Because there was background noise at the time, and my father was expecting the "electronic beep" to be something like that a digital watch he held it rather close to his head, about 4-5 inches. When the button was pressed, the device emitted a shrieking alarm at approximately 120-Db, it was the same sound as the emergency activation alarm. As a result of this, my father now has permanent hearing damage. Most prominently tinnitus, which is a constant ringing sound in your hearing if anyone isn't already aware. He says it is like hitting a tuning fork on a table and holding it inches from your ear, but the sound is 24/7. He has been attending a doctor who specializes in chronic pain, and we are wondering if he has any recourse against the manufacturer. Thank you!

[seniorjudge]

Originally Posted by Bcar1463

What is the name of your state? KY

While setting up an emergency call device for an elderly relative (one of those things that automatically calls 911 if set off), my father was following the directions step-by-step from the manual. At one point, the instructions said something to the effect to, "after pressing the 'set' button, the device will emit an electronic beep to confirm the activation." Because there was background noise at the time, and my father was expecting the "electronic beep" to be something like that a digital watch he held it rather close to his head, about 4-5 inches. When the button was pressed, the device emitted a shrieking alarm at approximately 120-Db, it was the same sound as the emergency activation alarm. As a result of this, my father now has permanent hearing damage. Most prominently tinnitus, which is a constant ringing sound in your hearing if anyone isn't already aware. He says it is like hitting a tuning fork on a table and holding it inches from your ear, but the sound is 24/7. He has been attending a doctor who specializes in chronic pain, and we are wondering if he has any recourse against the manufacturer. Thank you!

Q: He has been attending a doctor who specializes in chronic pain, and we are wondering if he has any recourse against the manufacturer.

A: For what?

[Bcar1463]

For one, the treatment costs he has already gone through. And also damages for the irreversible medical condition that will diminish his quality of life for as long as he lives due to the negligence in their directions. Thanks in advance.

[EvilWizard]

Decibel Exposure Time Guidelines

Accepted standards for recommended permissible exposure time for continuous time weighted average noise, according to NIOSH and CDC, 2002. For every 3 dBs over 85dB, the permissible exposure time before possible damage can occur is cut in half.

Continuous dB
Permissible Exposure Time

85 db - 8 hours

88 dB - 4 hours

91 db - 2 hours

94 db - 1 hour

97 db - 30 minutes

100 db - 15 minutes

103 db - 7.5 minutes

106 dB - 3.75 min (< 4min)

109 dB - 1.875 min (< 2min)

112 dB - .9375 min (~1 min)

115 dB - .46875 min (~30 sec)

[Bcar1463]

That means that for exposure at the level, hearing damage from continuous exposure should take place in about 7 seconds or so, rounding. But this doesn't take into effect that the sound was a sudden burst, I believe its called impulse sound, more like a firecracker. This is like if you hear an ambulance coming down the street it is loud, but if the driver turns on the signal right next to you (other than jumping) your ears probably will ring worse because you didn't have opportunity to adjust to the sound level.

I also found this description:
The effect from impulse sound can be instantaneous and can result in an immediate hearing loss that may be permanent. The structures of the inner ear may be severely damaged. This kind of hearing loss may be accompanied by tinnitus, an experience of sound like ringing, buzzing or roaring in the ears or head, which may subside over time. Hearing loss and tinnitus may be experienced in one or both ears, and tinnitus may continue constantly or intermittently throughout a lifetime.

Some research suggests that an instantaneous emitting of sound at higher levels has a sort of shockwave effect. I have witnessed this thing, and it is definatly something you don't want to be near. It causes actual pain in your ears if you get with about 10 feet of it.