Product liability

Reviewing the law relating to liability for defective products.

Problem (Back to top)

It has been nearly 40 years since the introduction of the product liability regime, set out in Part 1 of the Consumer Protection Act 1987. The regime aimed to strike a balance between (1) providing consumers with a straightforward route to claiming compensation for harm caused by defective products and (2) supporting business by enabling innovation and growth.

Since the legislation was introduced, the range of available products – particularly in the context of digital technology – has developed significantly. The advent of online platforms has also profoundly changed how consumers purchase products. There are concerns that the product liability regime has not kept pace with such developments.

Further, we have heard that, at times, the legislation has not provided a straightforward route to claiming compensation and that it has proven difficult to bring successful claims under the it.

Project (Back to top)

This project considers the operation of the existing product liability regime, particularly in relation to digital products and emerging technologies such as AI, to determine what law reform might be required to ensure that the product liability regime is fit for purpose. In doing so, it seeks to help businesses manage their risks of liability for harm caused by defective products by providing greater legal certainty in the digital age. The review will also help determine whether the regime is successfully balancing the competing interests of providing consumers with a straightforward route to claiming compensation for harm caused by defective products on the one hand, whilst balancing support for business on the other. If necessary, reforms will be proposed to correct that balance.

Next steps

Substantive work on this project began in September 2025.

We are interested in hearing from stakeholders with views about what the project should focus on and issues with the current product liability regime.

We have prepared an Initial Scoping Questionnaire and invite stakeholders to complete it and return it to us at productliability@lawcommission.gov.uk. If stakeholders wish to provide further information beyond the scope of the questionnaire, or provide materials to assist our work, we ask that they please provide them to us via the same email address.

The information provided by stakeholders will help us to understand their experiences and views and help us begin to formulate our proposals for reform.

We will have a formal public consultation on our proposals for reform, currently planned for the second half of 2026.