The absence of a component that a vehicle was designed and intended to have (here, a jockey wheel for which a mounting existed) constitutes a 'defect in the vehicle' under s 3(a)(iv) of the Motor Accidents Compensation Act 1999 (NSW). Where the defect itself directly brings about the injury (rather than being bypassed by an unsafe system of work as in Allianz v GSF), the causation requirement is satisfied. On the question of hypothetical use of a safety device, a court will infer that a reasonable employee would have used an available safety device in the face of an obvious and serious risk.
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