German Promoter Ordered to Pay Over Hearing Loss

12/10/2004 3:37 PM, Reuters
Wolfgang Spahr

A German concert promoter has been ordered to pay $5,300 for "pain and suffering" to a woman who alleges that her hearing was damaged during a Bon Jovi concert four years ago.

The firm, Marek Lieberberg Konzertagentur (MLK), must also cover the costs of the 38-year-old woman's medical treatment and loss of income, a regional court in Nuremberg ordered Tuesday.

The court upheld the plaintiff's claims that MLK did not take sufficient precautions to limit the volume of the open-air concert, which took place in Nuremberg in September 2000. The plaintiff stood about 3-5 meters from a speaker, and now claims to suffer from tinnitus, a form of permanent hearing damage.

The court heard that Bon Jovi's sound technician was left to determine the volume levels for the concert. However, "given his position as the cause of the noise, he was objectively not suitable for ensuring compliance with general standards of safety," the court said.

MLK founder Marek Lieberberg said the ruling was "very dubious." He told Billboard that the decision was "a perfect scenario for anyone who wants to pretend that they have sustained harm in an attempt to sue for compensation for pain and suffering." Lieberberg has yet to appeal the decision.

Reuters/Billboard