Debunking unusual false noise damage claims

Abstract

We live in a society where noise seems to be everywhere and some of it is relatively loud, very annoying or even painful. In some cases we use noise to mask out noise, or we use ear plugs or we create quite spaces or “sound proof” rooms, just to get some peace and quiet. Nowadays, nearly everyone is aware of the annoyance or potential harm caused by other people’s noise. This has been a liability issue for employer’s and insurance companies. Laws, ordinances, regulations and standards (LORS) have been passed or otherwise put into place in an attempt to remedy excessive noise situations. Occupational hearing loss claims, violation fines, jail time and civil lawsuits have all taken place because of noise conflicts. This paper presents three examples where litigation was attempted for financial gain or to impose a heavy financial burden and force a business closure, when the plaintiffs enacted noise damage legal claims. Examples of noise from (1) a pick-up mounted railroad engine horn, (2) a very large rural private gun club with SWAT, law enforcement and military “Afghanistan-type” progressive urban and desert conflict scenarios, and (3) an EMT training class explosion simulation. Claims and outcomes are discussed.