Driving school liability in case of hearing damage

Questioner

Ir/Madam, Recently I suffered hearing damage due to a very loud earpiece during a motorcycle lesson. I had already made this known at the beginning of the lesson. The volume of the earpiece was not adjustable. I am not separately insured for this, but can I still hold the driving school liable? I hope to hear from you soon.

Lawyer

The biggest problem will be how you can prove that you have suffered hearing damage due to the earpiece. That seems to me to be an almost impossible task. But if you could prove that, you could hold the driving school liable, especially since you also complained that the earpiece was too loud and the driving school did nothing about it.

Questioner

The day after the driving lesson, a hearing test took place. The result of the test compared to the 2012 test showed that there has been a negative change. The next day my GP told me, based on the tests, that I had suffered hearing damage and referred me to the ENT. I have an appointment with the ENT next Friday. By the way, I underwent a major sports medical examination at the beginning of this year, the results of which I have in my possession. Do you think I have a chance with this?

Lawyer

First of all, I wish you much strength. I can imagine that the hearing damage is very annoying for you. As Mr Martens says, the proof that you suffered hearing damage due to the earpiece is very difficult. Given the studies you mention, your case is not entirely hopeless in my opinion. If you wish, I am also prepared to look into your case further and hold the driving school liable.