Musician sues Royal Opera House over ruined hearing

[Nevilevelis]

Assuming that it is a genuine news item, what could the ROH be accused of being negligent for? Not making ear plugs compulsory? Setting the limit of the sound of all instruments?

Maybe they should switch to HIPP only in the future...

We would only have to go back 30 or so years and brass instruments would not be so loud. It's not a bad argument, though!

The problem is, I think, that accidents/incidents do happen, and this seems to be one that has precipitated an injury. Whereas a fall, or other injury is easy to witness, it may be difficult for the player to prove that it actually happened in those circumstances. It is a unique legal case, but surely it's happened before.

[Richard Barrett]

I know it's not a hoax

Things like this do surface from time to time. Clearly there are some people who are much more adversely affected by playing in an orchestra than others, and hearing loss is in any case an occupational hazard for many musicians. What should happen is some generous kind of early retirement package surely.

[Nevilevelis]

I did, & came up with lots of references to the news item in various publications. But that does suggest it's genuine - I doubt if such a wide range of authoritative sources (and Norman Lebrecht) would be taken in.

Altghough I did think that he might have a website.

As did I! Even though I knew it was genuine.

We don't all have websites, well I certainly don't, and as a singer that is a little out of the ordinary, but I am pleased to say I have enough work.

[Dave2002]

i think this is a perfectly possible situation. If things happened as stated, then my feeling is that negligence was involved, but where the responsibility lies might be open to argument. I think that safety standards in some other countries are higher than in the UK with respect to this kind of thing - for example in Sweden, where it is common to see players surounded by baffles, and perhaps ear defenders are also used.

I once went to a concert in which some of my young relatives were playing, and we sat at the front, right in front of the brass. It was very noisy and uncomfortable and could well have damaged my hearing more than it already was.

[MrGongGong]

Things like this do surface from time to time. Clearly there are some people who are much more adversely affected by playing in an orchestra than others, and hearing loss is in any case an occupational hazard for many musicians. What should happen is some generous kind of early retirement package surely.

Talking today with people who know about this it seems like it's a tragic story.
This musician is completely unable to play anymore.
I'm not saying all music should be at Feldman volume but this strikes me as a really sad turn of events.

[Richard Barrett]

Talking today with people who know about this it seems like it's a tragic story.
This musician is completely unable to play anymore.
I'm not saying all music should be at Feldman volume but this strikes me as a really sad turn of events.

Yes it is, and it only happens to a very few people so their employer in this case should really take care of them without needing to be sued.

[Nevilevelis]

I think that safety standards in some other countries are higher than in the UK with respect to this kind of thing - for example in Sweden, where it is common to see players surounded by baffles, and perhaps ear defenders are also used.

That is worrying, but rings true with me. I recall a concert in the Concertgebouw some time ago when we were shielded from jet engine strength brass.

This case, as GongGong says, is very sad.

[MrGongGong]

There are usually baffle screens in the ROH pit

[doversoul1]

It is indeed a terrible thing to have happened to a musician but I am still puzzled. If it had been a newly composed or rarely performed work and its sound level/quality could only be found out at a rehearsal (if that’s how it is), then I imagine an unfortunate accident like this can happen. But Walküre is about the most well known piece of classical music and thousands of musicians must have sat through its performance. Moreover, the orchestra was a well established professional one and not an armature band that wanted to play as loud as they could. Despite all my sympathy, I find this very puzzling.

Richard Barrett
...and it only happens to a very few people so their employer in this case should really take care of them without needing to be sued.

…meaning it can happen. So it must have been some unfortunate combination of the conditions. It seems from the articles, the ROH has refused to accept the responsibility.

[Nevilevelis]

It is indeed a terrible thing to have happened to a musician but I am still puzzled. If it had been a newly composed or rarely performed work and its sound level/quality could only be found out at a rehearsal (if that’s how it is), then I imagine an unfortunate accident like this can happen. But Walküre is about the most well known piece of classical music and thousands of musicians must have sat through its performance. Moreover, the orchestra was a well established professional one and not an armature band that wanted to play as loud as they could. Despite all my sympathy, I find this very puzzling.

I like your logic. These are all things that will be being, or have been considered, but we must remember that circumstances change, different people, different artistic ideals - it's not going to be the same every time, nor should it be. It would seem that elements in the alchemy of reh. (pretentious!) have combined to cause the incident.

MrGG, what do you think?

[Petrushka]

According to reports Mr Goldscheider played at a Kylie Minogue gig which might be thought to be more harmful to the hearing than Wagner. It is unfortunate that Mr G has blamed a rehearsal or rehearsals of Die Walkure in 2012 at the ROH as in all likelihood the hearing damage was being caused over a period of time during which he would played at many events both at the ROH and elsewhere. There would be little doubt that the ROH could demonstrate that they take seriously the duty of care that they have towards their employees and it is not their fault if musicians refuse to wear earplugs (not that Mr Goldschieder is said to have done so). The burden of proof therefore lies with the violist to show that the Royal Opera House neglected its duty of care in this case, surely an extremely difficult task in the circumstances.

[Lento]

A few years back there was something in the news about the ROH metering the orchestra, and even scheduling operas so as to avoid too many "noisy" ones within a particular time period. Maybe such considerations are less stringently followed in certain rehearsal situations. The Times quoted someone as saying that conductors' changes to the positioning of players are sometimes agreed to even if they compromise safe noise considerations.

[MrGongGong]

According to reports Mr Goldscheider played at a Kylie Minogue gig which might be thought to be more harmful to the hearing than Wagner. .

A comment that would only come from someone who has no experience of these things I'm afraid.
The volume of sound for a rock gig is likely to be considerably less than sitting in front of an acoustic trumpet
A few reasons

1: In ear monitoring
2: The high level of awareness that exists in those who play amplified music about the dangers of high volumes
3: The on stage volume is likely to be much much lower than what comes out of the main PA
4: The basic physics of brass instruments compared to loudspeakers

[Il Grande Inquisitor]

A few years back there was something in the news about the ROH metering the orchestra, and even scheduling operas so as to avoid too many "noisy" ones within a particular time period. Maybe such considerations are less stringently followed in certain rehearsal situations. The Times quoted someone as saying that conductors' changes to the positioning of players are sometimes agreed to even if they compromise safe noise considerations.

I think this happened some time after the incident quoted in this particular case... and possibly as a result of it. Following the metering, it has become common practice to remove the Side Stalls seating directly above the pit to alleviate problems of excessive sound levels. In some 'lighter' rep, those seats are put back and are available to purchase closer to opening night.

[aeolium]

I find the defence on which the ROH are seeking to rely, at least according to this report, pretty strange:

'According to Fry, the ROH has employed a barrister to draft a legal defence under section 1 of the 2006 Compensation Act, which allows for some health and safety rules to be relaxed if they might “prevent a desirable activity from being undertaken”.

In essence, the lawyer said, this meant that “in this case, because of the majestic sound of the music, the performance, that actually the court should excuse any damage made to the performers”.'

Can this really be right that the cause of art can effectively override the provisions of health and safety legislation and that damage to people can legitimately be inflicted?

I never thought this could be an April Fool's joke - for one thing it's not remotely funny.