Prove failure to work, not defect

Under the Provision and Use of Work Equipment Regulations, it was only necessary to prove that equipment had failed in order to establish liability, rather than having to identify a defect. The case involved a personal injury claim from a man who had checked the radiator on his heavy goods vehicle when prompted by the warning light. He did not touch the radiator cap but it came off and the hot water had caused burns on his body. The defendants claimed that there was no breach of regulations as there was no identifiable defect. The court ruled that there was an obligation to maintain equipment in good repair and working order.