Understood and I agree. Any expert who makes conflicting statements like that should be easy target for a high paid defense attorney. The other issue I see with this case is you have a sitting judge who basically is saying he's too dumb to figure out how to put plugs in his ears.rotor wrote:I am not saying that I agree or disagree with the report, just that there will probably not take very much to find an expert witness to convince a jury that the hearing loss was caused by a defective product or bad instructions. I think Honeywell will be the target here as they have the deep pockets. They claim that they have the best hearing protection product available. They may have a hard time proving it. Jury trials are not necessarily based on reality but on emotion. If there is a website or expert witness and the jury buys it than they will find for the plaintiff. Happens all the time in the medical world. Johnson and Johnson $60plus million suits for ovarian cancer and baby powder. Plenty of examples.bblhd672 wrote:"Firearms are loud" says a PhD. Well, duh. What kind of hunters are doing rapid fire with bystanders around?rotor wrote:I think he may win his case.
Check this out. https://www.asha.org/public/hearing/Rec ... -Exposure/
"People who do not wear hearing protection while shooting can suffer a severe hearing loss with as little as one shot, if the conditions are right. Audiologists see this often, especially during hunting season when hunters and bystanders may be exposed to rapid fire from big-bore rifles, shotguns, or pistols. "
All he needs to claim is that the ear plugs did not adequately protect him and/or the instructions were insufficient. If you go to Honeywell website there are no instructions on how to use their earplugs.
I am sure the plaintiff has already lined up a good expert witness.
"People who do not wear hearing protection while shooting can suffer a severe hearing loss with as little as one shot." What? If so then why does this helpful hint make sense? "Choose single-shot firearms instead of lever action, pump, or semi-automatic guns."
This guy sounds like a typical anti-gun liberal academic. Bet he's never held a job outside academia.
But, like you said, he's got a chance to pull it off.
Suing gun manufacturers and anyone else associated with guns is part of the progressive socialist playbook, so this is not likely going to be an isolated case.