Defective military equipment claims

Defective equipment can include anything that’s faulty, damaged, poorly maintained, inadequately inspected, unsuitable for the task, missing important safety features, or supplied without proper training or instructions. 

Equipment that was faulty 

• Weapons or ammunition malfunctioning 
• Defective machinery 
• Faulty vehicle components 
• Electrical equipment failure 
• Diving equipment malfunctions 

Equipment that wasn’t properly maintained or inspected 

The equipment might have been safe when it was first issued, and problems only developed later. This can include: 

• Missed or inadequate servicing 
• Known faults that weren’t repaired 
• Equipment that stayed in use despite concerns being raised 
• Inadequate safety inspections 
• Worn or damaged parts that weren’t replaced 

Equipment or PPE that wasn’t suitable 

• Protective equipment that wasn’t right for the task 
• Inadequate hearing protection 
• Respiratory protective equipment 
• Body armour or protective clothing 
• Eye or face protection 
• Equipment that was the wrong size or badly fitted 
• Protective equipment that wasn’t provided at all 

Inadequate information or training 

Equipment doesn’t need to physically fail for its use to cause injury. Sometimes it’s about how you were prepared to use it, for example: 

• Not being properly trained to operate the equipment 
• Risks that weren’t explained to you 
• Incorrect instructions 
• Not enough supervision 
• Equipment given to someone without the right training or experience 

This can include but is not limited to: 

• Weapons 
• Ammunition 
• Machinery 
• Harnesses 
• Diving equipment 
• PPE 
• Respiratory protection 
• Hearing protection 
• Body armour 
• Protective clothing 
• Lifting equipment 
• Electrical equipment. 

Yes, potentially. Your claim might be about suitability, maintenance, protection, inspection, instructions or training, rather than the equipment physically failing. 

Yes, this could form the basis of a claim. If you weren’t given the training or information you needed to use equipment safely, that may amount to negligence. 

Yes. If protective equipment failed to protect you, and this was down to negligence, you may be able to claim. 

Possibly. If inadequate or defective hearing protection contributed to hearing loss, this may support a claim. Find out more about military hearing loss claims. 

Yes. You can make a defective military equipment claim while you’re still serving in the armed forces. 

Making a defective military equipment claim should not affect your military career and you should be able to continue with the armed forces both during and after your claim. 

Yes, you can still make a claim after leaving the armed forces, subject to time limits. 

Yes, reservists can make a claim in the same way as full-time serving personnel. 

Responsibility depends on the circumstances. It could involve how the equipment was procured, maintained, serviced, inspected, stored or issued, or how you were trained to use it. We can help identify who’s responsible once we understand what happened. 

This could include accident or incident records, equipment and maintenance records, photographs or video, witness evidence, medical documentation, service records and relevant safety documentation. 

Possibly. You may still be able to claim, though your compensation could be reduced to reflect your share of responsibility. 

Potentially, yes. This will depend on the circumstances, so it’s worth speaking to a specialist military solicitor to understand your position. 

Claims involving injuries sustained during combat can raise additional legal issues. However, you shouldn’t assume that being injured while deployed automatically rules out a claim. A specialist solicitor can look at when, where and why the equipment failed. 

An AFCS claim is a service-related, no-fault scheme, while a civil compensation claim requires you to establish negligence. They’re different legal routes, and we can help you understand which might apply to you. 

In some cases, yes, though rules exist to prevent double recovery. We can talk you through how this might work for your situation. 

The civil time limit is generally three years from the date of the incident or date of knowledge, but exceptions apply. 

This varies depending on the complexity of your case and whether liability is admitted. We’ll keep you updated throughout, and give you a realistic idea of timescales as your claim progresses. 

Yes, in some circumstances family members may be able to claim following a fatal accident. We can talk you through your options sensitively and clearly.