The Value of Pain and Suffering: Latti & Anderson Secures $1.1 Million Settlement After Air Horn Blast Causes Ear Damage to Crew Member

Sometimes, life-changing injuries leave visible scars or obvious indications that the victim’s body has been damaged. But other times, the signs of irreparable harm can’t be seen at all. That was the case for an injured crew member who suffered permanent damage to her ears while working on a passenger schooner in the Caribbean. The team at Latti & Anderson secured a $1.1 million settlement to make up for the pain and suffering she has endured in the past and will be forced to endure in the future because of the negligence of a fellow crew member.

Although the lawyers for the other side argued that the crew member was not disabled and, therefore, should not receive compensation, we were able to show that she was entitled to over $1 million purely for the pain and mental anguish caused by her injuries, even if they did not prevent her from working or participating in her favorite activities.

This reaffirms the principle that accident victims deserve compensation for the reduced quality of their lives, even when it may seem like nothing has changed.

What Happened at Sea

In this case, the victim worked on a passenger schooner that sailed the Caribbean during the summer. While she was out working on a passenger excursion, an anchor detached, and crew members were sent into the water to locate it. The mate on deck sounded a blast on a hand-held marine air horn to get the attention of the crew members in the water. Unfortunately, he gave no warning before sounding the blast, and the intense sound damaged the ears of the victim as she stood less than three feet from the horn.

Air horns are designed to send a signal a long distance across the water to help vessels avoid collisions. They have a rating of 130 decibels, equivalent to a jet taking off or a gunshot at close range. Any sound above 85 decibels is considered dangerous to human hearing, and ear protection is recommended.

The unexpected blast on the deck of the schooner caused intense pain to the victim and resulted in a temporary loss of hearing. When she could detect sound again, it was not her normal sense of hearing but a roaring, ringing sound. Doctors diagnosed her with hyperacusis, damage that reduces tolerance to sound so intensely that even ordinary noises cause great pain, tinnitus, and headaches. The condition is permanent and can worsen with any future exposure to loud noises. To cope with her condition, she has to wear noise-canceling protection inside her ears as well as a second layer of noise-canceling over-ear headphones. She also has hearing aids with a tinnitus therapy function to help her deal with the constant ringing in her ears.

Negligence and Unseaworthiness

Two legal problems created liability for the injuries to the crew member on deck. The first problem is that the mate who sounded the air horn was negligent in not giving a warning or looking to see if anyone was close by before sounding the horn in a non-emergency situation. Someone can be considered negligent when they fail to use reasonable care, and that failure is the direct cause of an injury.

The other legal problem is that the vessel’s owner did not ensure that the schooner was properly seaworthy because the owner failed to provide adequate training and information to crew members. Specifically, the vessel should have had proper protocols in place regarding the use of the air horn, or crew members should have been made trained and aware of rules and safety procedures before having access to the air horn.

Damages for Pain and Suffering

In many cases where a crew member is injured at sea, our team works to ensure that the victim receives compensation for a wide variety of consequences stemming from their injuries. This often includes a damage award for wages lost due to the ability to work both in the past and the future. However, in this particular instance, the accident victim was still able to work. The defendants in the case claimed she wasn’t suffering from a disability because she was able to work as a carpenter with power tools, ride a motorcycle, and attend events with loud noises.

But as her legal team, we were not asking for compensation for lost wages but only for the pain and anguish caused by having to endure the damage to her hearing and ringing in her ears for the rest of her life. And we presented our case so persuasively that the defendants agreed to pay $1.1 million in damages for her pain and suffering alone.

We Understand How to Help Injured Crew Members and Their Families

At Latti & Anderson, we understand the dangers faced on the water. We know how often vessel owners neglect safety measures and try to avoid accepting responsibility for costly mistakes. For decades, our team has fought successfully to obtain justice for victims of maritime injuries, gaining the compensation they deserve for pain, mental anguish, and the many other losses they have suffered.

Many times, we need to take quick legal action to preserve the victim’s ability to recover full compensation, so if you or a loved one have been hurt on a commercial or recreational vessel, we suggest that you contact us as soon as possible to schedule a free case evaluation and consultation.