A viola player who suffered a life-changing hearing injury that left him unable to work or even listen to his own son play, has won a landmark High Court judgment against the Royal Opera House (ROH). It is the first time a judge has scrutinised the music industry's legal obligations towards musicians' hearing with the case brought by Chris Goldscheider now having huge implications for the industry and the health and safety of musicians as a whole.

It is the first time that 'acoustic shock' has been recognised as a condition which can be compensated by a court and, not surprisingly, the ROH has said it’s "disappointed" by the judgment and will possibly appeal.

Acoustic shock is a condition with symptoms including tinnitus, hyperacusis and dizziness that can make even simple tasks extremely painful when you are exposed to just normal everyday sounds.

The Royal Opera House and other orchestras will need to re-assess their H&S policies and procedures, alongside the protection they currently afford musicians now the High Court has sent a very clear message that they are not exempt from Noise at Work legislation.

The story began on 1st September 2012, when Mr Goldscheider was seated directly in front of the brass section of the orchestra for a rehearsal of Wagner's powerful Die Walkure opera in the orchestra pit at the Royal Opera House.

During that rehearsal, the noise levels exceeded 130 decibels, equivalent to that of a jet engine. The court heard his hearing was irreversibly damaged and he now has to wear hearing protectors to carry out everyday tasks. Mr Goldscheider left the ROH in July 2014 as a result of his injuries.

During the High Court hearing, the Royal Opera House argued that acoustic shock does not exist, and that if it did, Mr Goldscheider did not have it. ROH countered that he had developed an entirely natural hearing condition, known as Meniere's disease, at exactly the same time as the super-loud, high intensity noise burst behind his right ear.

However, Mrs Justice Nicola Davies stated: "I regard the defendant's contention that Meniere's disease developed at the rehearsal as stretching the concept of coincidence too far."

She added: "The reliance upon artistic value implies that statutory health and safety requirements must cede to the needs and wishes of the artistic output of the Opera company, its managers and conductors. Such a stance is unacceptable. Musicians are entitled to the protection of the law, as is any other worker."

In a statement, the ROH said the expert medical advice it had consistently received was that long-term hearing damage could not be caused by an isolated incident of exposure to live music.

It added: "We do not believe that the Noise Regulations can be applied in an artistic institution in the same manner as in a factory, not least because in the case of the Royal Opera House, sound is not a by-product of an industrial process but is an essential part of the product itself."

Damages will be assessed at a later date.

James Tingay is marketing manager at UK noise monitoring specialists Cirrus Research