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such accident is imputable to the machinery or related product, used as intended, including any reasonably foreseeable misuse, as long as such reasonably foreseeable misuse does not involve the elimination of safety measures foreseen by the manufacturer, such as the removal of protective guards; an accident may be imputable to the machinery or related product if any of the following occurs: it is caused by the design or construction of the machinery or related product, irrespectively of whether the machinery or related product is compliant with relevant harmonised standards or whether such harmonised standards present or not shortcomings as regards their ability to confer presumption of conformity with the EU legislation on machinery applicable when the machinery or related product was placed on the EU market; it is caused by operator’s errors, if such errors are reasonably foreseeable or aggravated by poor ergonomics; it is caused by poor maintenance resulting from maintenance instructions which were inaccurate or incomplete.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.