Criminal and/or civil liability falls on the manufacturer of the personal protective equipment in the event of malfunction or manufacturing defects of the PPE in question.
The responsibility falls on the designer in the event of an incorrect risk assessment, if injuries or death occur as a result of unforeseen risks.
In the event of improper use of PPE or failure to comply with current regulations and laws regarding safety and use of the device, civil liability falls on the operator himself.
The final decision, however, rests with the judge, who must evaluate, on a case-by-case basis, which breaches have been committed and by whom.