Civil Liability (Assessment of Hearing Injury) Act, 1998

Civil Liability (Assessment of Hearing Injury) Act, 1998 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1998 Civil Liability (Assessment of Hearing Injury) Act, 1998 Civil Liability (Assessment of Hearing Injury) Act, 1998 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 12 of 1998 CIVIL LIABILITY (ASSESSMENT OF HEARING INJURY) ACT, 1998 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Application. 3. Judicial notice of Report. 4. Courts to have regard to certain matters in Report. 5. Short title and commencement. SCHEDULE PART I Chapter 7.1 of the Report PART II Table 4 in Paragraph 7.7 of the Report Number 12 of 1998 CIVIL LIABILITY (ASSESSMENT OF HEARING INJURY) ACT, 1998 AN ACT TO PROVIDE FOR JUDICIAL NOTICE TO BE TAKEN OF A REPORT TO THE MINISTER FOR HEALTH AND CHILDREN BY AN EXPERT HEARING GROUP WHICH WAS PUBLISHED BY THE DEPARTMENT OF HEALTH AND CHILDREN ON THE 9TH DAY OF APRIL, 1998, TO PROVIDE FOR COURTS TO HAVE REGARD TO CERTAIN MATTERS CONTAINED IN THAT REPORT IN CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR CONNECTED MATTERS. [11th May, 1998] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—In this Act— “hearing injury” includes— (a) hearing loss caused by injury which results in the deviation of an individual's hearing, as measured by pure tone audiometry, from previous measurement, where available, of his or her uninjured hearing or, where such measurement is not available, from that predicted as normal for his or her age, and (b) tinnitus; “proceedings”, in relation to personal injuries, includes any application or claim for compensation; “the Report” means the Report to the Minister for Health and Children by an Expert Hearing Group, which was published by the Department of Health and Children on the 9th day of April, 1998, entitled “Hearing Disability Assessment”. Application. 2.—This Act shall apply to all proceedings before a court, whether commenced before or after the enactment of this Act. Judicial notice of Report. 3.—Judicial notice shall be taken of the Report in all proceedings before a court claiming damages for personal injury arising from a hearing injury. Courts to have regard to certain matters in Report. 4.—(1) In all proceedings claiming damages for personal injury arising from hearing loss, the courts shall, in determining the extent of the injuries suffered, have regard to Chapter 7 (Irish Hearing Disability Assessment System) of the Report and, in particular, to the matters set out in paragraph 1 (Summary) and Table 4 (Disability Percentage Age Correction Factor) to paragraph 7 (Age Related Hearing Loss Correction) of that Chapter, and the said paragraph 1 and Table 4 are, for convenience of reference, set out in Part I and Part II, respectively, of the Schedule to this Act. (2) In all proceedings claiming damages for personal injury arising from tinnitus, the courts shall, in determining the extent of the injuries suffered, have regard to the classification method contained in paragraph 9 (Tinnitus) of Chapter 7 (Irish Hearing Disability Assessment System) of the Report. Short title and commencement. 5.—(1) This Act may be cited as the Civil Liability (Assessment of Hearing Injury) Act, 1998. (2) This Act shall come into operation on the day immediately following its enactment. SCHEDULE Section 4 . PART I Chapter 7.1 of the Report To Assess Hearing Disability — Take the Air Conduction hearing threshold levels at 500Hz, 1,000Hz, 2,000Hz and 4,000Hz, add and divide by 4. — Do this separately for the right and left ears. — Subtract 20dB from the average obtained for each ear. This is an average hearing loss. — Multiply the average hearing loss of each ear by 1.25%. — Weight the better ear's figure by multiplying by four, add it to the worse ear's figure and divide the sum by 5. — Correct for the Age Related Hearing Loss by table deductions, over the age of 69 years in males and 77 years in females (Table 4). This figure is the Binaural Percentage Hearing Disability. The additional disability allowance for moderate or severe tinnitus may be added. This percentage computed is the proportion of hearing disability that the individual experiences, it is not the proportion of total body disablement. PART II Table 4 in Paragraph 7.7 of the Report Table 4 Disability Percentage Age Correction Factor Age (years) Males Females 70   1% 71   2% 72   3% 73   4% 74   5% 75   6% 76   7% 77   8% 78   9% 1% 79 11% 1% 80 12% 2% Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais