Johnson v Ministry of Defence & Anor – “noise induced hearing loss was statute barred”

The assumption that a person who had suffered a significant injury would be sufficiently curious to seek expert advice applied unless there were reasons why a reasonable person would not have done so.

The claimant appealed against a decision that his claim in respect of noise induced hearing loss was statute barred. He had been employed by the respondents between 1965 and 1979 in jobs that exposed him to very loud noise. He became aware of hearing difficulties and had actual knowledge of his symptoms in 2001. He did not consult his GP until 2006 and he maintained that it was not until he sought expert advice in 2009 that he knew his injury was attributable to noise exposure.

Click on this link to access the full judgement.

via Johnson v Ministry of Defence & Anor [2012] EWCA Civ 1505 – 21st November 2012.