Faulty Equipment and PPE Failures: Who Is Liable If You Are Injured?

If you are injured by faulty work equipment or by protective equipment that was missing, unsuitable or defective, your employer is usually the first party legally responsible. This is true even where the defect started with a manufacturer or supplier, because the Employers’ Liability (Defective Equipment) Act 1969 treats the employer as negligent where a third party’s fault caused the defect.

Who Can Be Liable When Work Equipment Fails?

Most people assume that if a machine, tool or piece of safety kit was faulty from the factory, the manufacturer must carry the blame. In reality, the law places the primary responsibility on the employer who chose, supplied and maintained the equipment for use in their business.

Depending on the facts, the following parties may be liable:

• Your employer, for failing to provide safe equipment, maintain it, train you to use it or provide suitable protective equipment
• The manufacturer or supplier, where a defect in the product itself caused the injury
• A maintenance or servicing contractor, where poor repair or inspection work contributed
• The person or company in control of the site, where you were working on someone else’s premises, such as a main contractor on a construction project

A solicitor’s early task is to work out which of these parties, or which combination, should be pursued. In many cases the claim is brought against the employer’s insurer, and the employer or insurer then looks to recover from others further up the supply chain.

The Employers’ Liability (Defective Equipment) Act 1969

This short but important Act deals with exactly the situation described above. Under section 1 of the Employers’ Liability (Defective Equipment) Act 1969, where an employee is injured in the course of their employment as a result of a defect in equipment provided by their employer for the purposes of the business, and that defect is attributable wholly or partly to the fault of a third party, the injury is also deemed to be attributable to the employer’s negligence.

In plain English, you do not need to prove your employer personally did anything wrong if a third party’s fault caused the defect. You need to show that:

1. The equipment was provided by your employer for the business
2. It was defective
3. The defect was caused, at least in part, by someone else’s fault, such as a manufacturing error
4. The defect caused your injury

The Act defines equipment broadly, including plant, machinery, vehicles and clothing. Fixtures that form part of the building itself, such as doors, have generally been treated as falling outside it. The Act also relates to equipment provided by your employer, so it may not assist where you used your own tools, although a negligence claim may still be available.

Where the Regulations Fit In

Several sets of regulations set out what a responsible employer is expected to do. The Provision and Use of Work Equipment Regulations 1998, known as PUWER, require work equipment to be suitable for its purpose, kept in an efficient state and good repair, accompanied by adequate information and instructions, and used only by people who have received adequate training. They also require dangerous parts of machinery to be properly guarded.

The Personal Protective Equipment at Work Regulations 1992 require employers to provide suitable PPE, free of charge, where risks cannot be adequately controlled by other means. The employer must also make sure the PPE fits properly, is compatible with any other equipment being worn, is maintained and replaced when worn out, and comes with proper instruction and training. Since 6 April 2022 these duties have also applied to so called limb (b) workers, which includes many casual and agency workers, not only employees.

There is an important legal point here that is often overlooked. Since the Enterprise and Regulatory Reform Act 2013 took effect, breach of health and safety regulations does not, on its own, give an injured worker a right to sue. Claims are instead brought in negligence, or under the 1969 Act, with the regulations used as strong evidence of the standard a reasonable employer should have met.

Common Examples of Equipment and PPE Failures

Defective or poorly maintained equipment

• Machinery with missing, disabled or inadequate guards
• Ladders, scaffolding or lifting equipment with structural defects
• Power tools with faulty switches, cables or blades
• Forklifts and other vehicles with mechanical or braking faults

PPE failures

• Gloves, boots or eye protection that were the wrong size, type or rating for the task
• Respiratory protection that was never properly fitted to the individual wearer
• Hearing protection that was not provided or was ineffective for the noise level
• Hard hats, harnesses or high visibility clothing that were worn out or damaged and not replaced
• PPE supplied without any training on how to use it correctly

In many cases the two overlap. A worker injured by an unguarded machine may also have been given PPE that was unsuitable for the task, and both failings may be relevant to the claim.

What Evidence Will Strengthen a Claim?

Equipment and PPE claims are evidence driven, and the most valuable evidence is often the physical item itself. If you can do so safely, take the following steps:

• Ask your employer to preserve the equipment in its post-accident condition, and make clear that it should not be repaired, replaced or disposed of
• Photograph the equipment, the PPE you were wearing and the area where the accident happened
• Request copies of maintenance, inspection and servicing records for the equipment
• Ask for the relevant risk assessment and any training records, including records of PPE instruction
• Record any earlier complaints, near misses or faults reported by you or colleagues
• Collect witness names and contact details
• Check whether a RIDDOR report was made, which can provide a record of how the employer described the incident
• Keep medical records showing your injury and its effects

Where the equipment is critical to the case, an independent engineer may be instructed to examine it and report on the cause of the failure.

What If I Was Partly to Blame?

Employers sometimes argue that an injured worker removed a guard, ignored training or chose not to wear the PPE provided. If the evidence supports this, a court may reduce compensation to reflect your share of responsibility, known as contributory negligence. However, employers also have a duty to supervise and to make sure safety equipment is actually used. An employer who tolerated a culture of removing guards, or who never enforced PPE rules, is in a much weaker position than one who can show clear instructions were given and followed up.

How Much Time Do I Have?

Most personal injury claims must be started within three years of the accident, or of the date you first knew your injury was significant and linked to the equipment, as set out in the Limitation Act 1980. Our guide to time limits for accident at work claims explains the exceptions in more detail. Because equipment is often repaired or discarded quickly, acting early matters for evidence long before any deadline approaches.

What to Do Next

1. Report the accident and make sure it is entered in the accident book
2. Seek medical attention and follow the treatment advice you are given
3. Ask in writing that the equipment and PPE involved be kept in their current condition
4. Photograph the equipment, the PPE and the scene, if it is safe to do so
5. Note any previous faults, complaints or near misses you are aware of
6. Speak to a specialist solicitor before signing any statement or accepting any offer

Equipment and PPE claims can involve several potential defendants, technical evidence and insurers who will look closely at who is responsible. Our specialist accident at work solicitors will review what happened, identify every party who may be liable and explain your options honestly, as part of our wider personal injury claims service. We act on a no win, no fee basis and hold dual Lexcel accreditation, which reflects the standard we apply to every case.

If you have been injured by faulty equipment or inadequate protective equipment at work, contact Satchell Moran Solicitors today for a free, no obligation discussion about your claim.