Limitation in Noise Induced Hearing Loss claims
Produced in partnership with Sue Brown
Limitation in Noise Induced Hearing Loss claims

The following Personal Injury guidance note Produced in partnership with Sue Brown provides comprehensive and up to date legal information covering:

  • Limitation in Noise Induced Hearing Loss claims
  • From facts ascertainable by the claimant
  • From facts ascertainable by him with the help of medical or other appropriate expert advice which it is reasonable for him to seek
  • Causation
  • Tinnitus
  • Authorities
  • Discretionary exclusion of time limit under s 33 of the Limitation Act 1980

Limitation is almost always an issue in NIHL claims. The typical claimant is someone who was exposed to noise at work much more than three years before they approached a solicitor enquiring about a claim, so is outside the primary three year limitation period applicable to personal injury claims and needs to rely on the alternative provision in relation to date of knowledge as set out in section 11(4)(b) of the Limitation Act 1980 (LA 1980). In LA 1980, s 14, the date of knowledge is defined as:

'…the date on which he first had knowledge of the following facts:

(a) that the injury in question was significant; and

(b) that the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance or breach of duty; and

(c) the identity of the defendant.

And knowledge that any acts or omissions did or did not as a matter of law involve negligence, nuisance or breach of duty is irrelevant.

(2) For the purposes of this section an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

(3) For the purposes of this section a person’s knowledge