Defective Work Equipment Claims

When a piece of equipment fails at work—whether it’s a broken ladder, a faulty drill, or machinery that hasn’t been properly maintained—the consequences can be serious. We’ve seen how injuries caused by defective tools affect not just your health, but your ability to work, to manage day-to-day life, and to plan for the future.

At John O’Leary Solicitors LLP, we’ve been helping individuals in Tallaght and across Dublin for over 20 years. Many of the people we support had no idea their accident could be linked to faulty or unfit equipment. They just knew something went wrong, and no one had taken responsibility.

If you’re in that position, we’re here to help you understand your options. You’ll speak directly with a solicitor who knows the law, but also knows what it’s like to work with your hands, rely on your tools, and expect to be kept safe. Contact us to book a consultation.

What Qualifies as Defective Work Equipment?

When we talk about defective work equipment, we don’t just mean something that’s obviously broken or dangerous. In a legal context, “defective” can cover a wide range of issues—including tools or machinery that are worn out, poorly maintained, badly designed, wrongly installed, or simply unfit for the task at hand.

In short: if equipment fails in a way that causes injury, and that failure could have been prevented, it may be legally defective.

Types of Equipment That Can Be Defective

Workplace equipment comes in all forms. Common examples of defective equipment we’ve seen include:

  • Power toolsthat overheat, short-circuit, or lack safety guards
  • Ladders or scaffoldingwith worn joints, cracked rungs, or faulty locking mechanisms
  • Forklifts or pallet jackswith unreliable brakes or steering
  • Welding gearthat produces excessive heat or sparks due to a fault
  • Safety gearlike gloves, masks, visors, and harnesses that tear, snap, or don’t meet the task’s demands
  • Machinesthat jam, fail to stop, or have no emergency cut-off

Sometimes, the fault lies with the equipment itself (e.g. a manufacturer defect). More often, however, the problem arises from poor maintenance, late replacements, or neglect on the part of the employer.

Defective vs Misused Equipment

A lot of injured workers worry they might be blamed for “using it wrong.” In many cases, that’s not the issue. If a tool was poorly maintained, not replaced after known damage, or simply unsafe for the job, it may still be considered defective—even if you were the one operating it.

The law recognises that employers are responsible for providing equipment that’s safe, suitable, and ready for use. That includes:

  • Making sure tools are checked and serviced
  • Replacing worn-out items before they fail
  • Ensuring staff aren’t improvising with makeshift solutions or sharing broken gear
  • Keeping proper logs and following manufacturer guidance

Tools Provided by You vs Tools Provided by Work

If you’re a subcontractor or bring your own tools to the job, that doesn’t necessarily exclude you from bringing a claim. In many workplaces, the line between personal tools and employer-provided gear is blurred.

Employers can still be responsible if:

  • You were encouraged or expected to use your own tools without inspection
  • You raised concerns about the safety of a tool and were ignored
  • The site setup itself (e.g. power sources, faulty attachments) created the danger

A solicitor can help review how the equipment was used, maintained, and controlled. If something went wrong, you shouldn’t be left guessing who’s responsible.

What Injuries and Hazards Are Caused by Faulty Equipment?

When work equipment fails, injuries happen fast—and often with lasting consequences. At John O’Leary Solicitors LLP, we’ve seen how one faulty tool can change someone’s life in seconds. Whether it’s a power saw without a guard, a scaffold clip that doesn’t hold, or a piece of PPE that gives way under pressure, the damage can be serious and avoidable.

Here are the most common types of injuries linked to defective work equipment in Irish workplaces

Severe Physical Injuries

  • Crush injuries:Where machinery lacks guards, sensors, or automatic shut-off, limbs can get trapped—especially in presses, conveyors, or compactors. We’ve seen clients suffer crushed hands, wrists, or feet due to equipment faults that should have been caught in routine checks.
  • Lacerations and amputations:Faulty cutting tools or poorly maintained saws can lead to deep cuts, or worse. Missing blade guards or jammed safety switches are common culprits.
  • Electric shocks and burns:Old or damaged power tools, frayed cords, or exposed internal wiring can cause shocks, electrical burns, or even workplace fires.
  • Thermal burns:In sectors like welding, catering, or manufacturing, malfunctioning equipment (e.g. blowtorches, deep fryers, heating elements) can overheat unexpectedly or leak dangerous substances.
  • Falls and impact injuries:A ladder that collapses, a faulty harness that doesn’t hold, or a trolley that jolts and throws a load—all of these can result in broken bones, head injuries, or internal trauma.

Injuries Over Time

Not every injury happens in a single moment. Faulty equipment can also cause long-term damage:

  • Repetitive strain injuries (RSI):Using tools that vibrate too much or put strain on joints—especially if not ergonomically designed or adjusted—can lead to wrist, elbow, or shoulder conditions.
  • Hand-arm vibration syndrome (HAVS):Linked to overuse of defective vibrating tools like breakers or grinders, HAVS causes numbness, tingling, and loss of grip strength.
  • Chronic back or neck issues:Improper lifting devices or broken manual handling gear can put ongoing pressure on the spine or muscles.

Psychological Impact

It’s easy to overlook the mental toll of workplace accidents, especially when caused by sudden failure. Many workers we’ve helped speak of:

  • Ongoing anxiety around tools or machinery
  • Sleep problems, panic, or hyper-awareness
  • Fear of returning to work or using similar equipment again
  • Loss of confidence or independence

These effects are real and legally recognised in some claims.

Where These Accidents Happen: Irish Sectors Most Affected

Defective work equipment can appear in any job—but certain industries carry a higher risk due to the nature of the tools and machinery involved. At John O’Leary Solicitors LLP, we’ve worked with clients across Tallaght and Dublin who were injured in environments where faulty gear is too often tolerated as “part of the job.”

Here’s where these accidents most commonly occur.

Construction and Trades

From roofing to groundworks, construction sites rely heavily on ladders, harnesses, drills, saws, and lifting gear. We’ve handled claims involving:

  • Scaffold clips that snapped
  • Safety harnesses with worn buckles
  • Angle grinders without guards
  • Power tools with frayed cables
  • Generators or site lighting systems with exposed wiring

Often, workers are under pressure to finish a job with the gear at hand—even if it’s clearly unsafe.

Manufacturing and Production

Factories and processing plants are full of complex machinery, much of it operated for hours on end. Faults tend to arise when maintenance is delayed or components wear down unnoticed. Common risks include:

  • Conveyor belts that jam or snag
  • Machines without working emergency stops
  • Loose guards or non-responsive controls
  • Equipment operated without adequate PPE

These settings are particularly dangerous because even a momentary failure can cause life-changing harm.

Warehousing and Logistics

Injuries in this sector often involve:

  • Pallet jacks that veer or lock
  • Racking systems that collapse under weight
  • Trolleys with damaged wheels
  • Forklifts with steering or braking faults

In busy storage spaces, any failure can lead to crush injuries, falls, or collisions.

Healthcare and Public Services

We also assist carers, cleaners, and council workers who use handling equipment daily—wheelchairs, hoists, cleaning machines, and more. When this gear fails:

  • Patients may fall
  • Workers can strain muscles or suffer falls
  • Infections may spread due to ineffective PPE

Faulty or outdated equipment in these sectors often goes unreported for too long.

Wherever you work, you’re entitled to equipment that’s safe, properly maintained, and suited to the task. When that doesn’t happen, the law is on your side.

Employer Duties

Under Irish law, your employer has a legal obligation to ensure the equipment you use is safe, suitable, and properly maintained. This isn’t just good practice—it’s a statutory duty under the Safety, Health and Welfare at Work Act 2005, and reinforced by specific regulations like PUWER (Provision and Use of Work Equipment Regulations).

Too often, we see injuries caused by tools and machines that should never have been in use in the first place. The reality is simple: if your employer had done what they were meant to do, you wouldn’t be dealing with an injury.

Minimum Legal Standards Employers Must Follow

  • Your employer is required to:

    • Carry out regular inspectionsof all equipment, including ladders, machinery, PPE, and tools
    • Replace or repair defective itemsimmediately—not wait until someone is hurt
    • Keep maintenance logsand act on faults when flagged
    • Ensure equipment is appropriatefor the task, especially for high-risk jobs (e.g. working at height, high-vibration tasks)
    • Provide proper personal protective equipment (PPE)that fits, works, and is replaced when damaged
    • Train workerson how to use equipment safely, and ensure that no one is put in a position to use gear they’re unfamiliar with
    • Provide clear reporting proceduresso workers can raise concerns about faulty equipment without fear

    These aren’t optional. They’re legally required—and when ignored, workers are exposed to preventable risks.

Common Employer Failures We See

Many of our clients tell us the same stories:

  • No formal equipment checks—just a quick look over before use
  • Faults ignored or dismissed, even after being reported
  • Shared equipment passed around, even when damaged
  • Improvised solutionswhere proper tools weren’t available
  • PPE handed out once, never checked or replaced
  • Staff expected to keep things running, even when something clearly wasn’t right

In some cases, workers were blamed for injuries caused by machinery that had no guard, no inspection record, or had jammed weeks before. In others, accidents happened during temporary work or on short-term contracts, where safety standards were even more lax.

Please note that it doesn’t matter whether you were full-time, part-time, agency, or temporary. If your employer failed to keep equipment safe, and you were injured as a result, they may be held responsible.

Your job is to do the work. Theirs is to make sure the tools are up to standard.

If they didn’t do that, and it led to your injury, you may have the right to bring a claim—and we’re here to guide you through it.

What If You Didn’t Report the Fault or Already Had?

One of the most common questions we hear is, “Can I still make a claim if I didn’t report the problem?” The answer is often yes.

Many injured workers are hesitant to report faulty tools or machinery. Some don’t want to seem like they’re complaining. Others worry about job security—especially in casual or contract roles. And sometimes, people genuinely don’t realise how serious the risk is until it’s too late.

The law in Ireland doesn’t require you to have formally reported a hazard to bring a claim. If your employer should have known about the defect—because of regular use, visible damage, prior issues, or previous complaints—they can still be held responsible for failing to act.

If You Didn’t Report the Fault

You are not automatically excluded from making a claim. In many cases, a fault was obvious to multiple workers or had been present for some time. Employers are expected to carry out their own checks and act on visible dangers.

If a screwdriver blade was loose, a hoist wasn’t holding its weight, or a machine was jamming regularly—these are all things your employer should have picked up through inspection or supervision.

If You Did Report It And Nothing Was Done

Your case may be even stronger. A failure to act on a known hazard, especially when logged or mentioned more than once, shows negligence. We can help gather supporting evidence like emails, maintenance records, or witness statements to strengthen your position.

Either way, don’t assume your silence—or your warnings—cancel your rights. If you were injured by faulty equipment, it’s always worth speaking to a solicitor who understands how these cases work.

What to Do If You’ve Been Injured by Defective Equipment

When an injury happens at work due to faulty or unsafe equipment, it can be hard to know what to do next. Between the shock, the pain, and the pressure to “just get on with it,” some people don’t take action until weeks later. That’s understandable—but the earlier you act, the better.

If you’ve been hurt by defective tools or machinery, here’s what to do:

1. Seek Medical Attention

Your health comes first. See a doctor or go to hospital, even if the injury seems minor at first. Some conditions—like hand-arm vibration syndrome or soft tissue damage—don’t show up immediately but worsen over time. Make sure your medical notes mention the cause (e.g. “injury caused by faulty grinder”).

2. Report the Accident

Tell your employer or line manager what happened, in writing if possible. Ask that the incident be entered into the accident logbook. If your workplace doesn’t have one, an email or dated note will do. Be clear about what equipment was involved and how it failed.

3. Record the Evidence

If safe to do so:

  • Take photos of the equipment and the accident scene
  • Keep the damaged tool, or make sure it’s not disposed of before inspection
  • Write down what happened as soon as possible
  • List the names of any witnesses
If someone else reported the fault before, or if others had issues with the same equipment, this can help your case.

4. Keep Track of Costs and Time Off

Hold onto payslips, receipts, and appointment letters. Record any sick leave, physio, travel costs, or medication. These may all be relevant to your claim.

3. Speak to a Solicitor Early

A solicitor can help preserve evidence, contact your employer on your behalf, and explain your options in plain terms. Even if you’re not sure you want to make a claim yet, getting advice now protects your rights later.

Time Limits for Making a Work Equipment Injury Claim

In Ireland, you typically have two years from the date of the accident to begin a personal injury claim. This time limit may also begin from the date you first became aware that your injury was connected to defective equipment.

Delaying can make it harder to gather evidence, speak to witnesses, or access accurate records. If you’re unsure when the clock started, it’s best to seek legal advice as early as possible. Even if some time has passed, you may still have options. We’ll help you work out where you stand—clearly, calmly, and without pressure.

Speak to a Solicitor

If you’ve been injured by faulty or unsafe equipment at work, speak to John O’Leary Solicitors LLP today. We’ll listen, explain your rights, and guide you through your next steps. With over 20 years supporting workers in Tallaght and Dublin, you’re in experienced, dependable hands from day one.