An employee who is injured at work as a direct result of the use of a piece work equipment that turns out to be defective may sue his employer for damages by reason of breach of Regulation 5 of the Provision and Use of Work Equipment Regulations 1998. Regulation 5 imposes an absolute obligation to maintain work equipment in an "efficient state", in an "efficient work order" and in "good repair". In other words if an employee is injured because of an inherent defect in equipment, the employer will be held responsible regardless of fault.

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