Law Commission to Review Product Liability Law

The Law Commission is to review the law relating to the product liability regime set out in the Consumer Protection Act 1987.

The regime was intended to give consumers a straightforward route to claiming compensation for certain harms caused by defective products. However, the range of available products, particularly in the context of digital technology, has developed significantly in the nearly 40 years since the Act was introduced. The product liability regime has not kept pace with those developments.

There are also concerns that the existing regime is failing to achieve one of its key aims: balancing protecting persons from harm caused by defective products against support for business by enabling innovation and growth.

The review will consider issues with the operation of the existing product liability regime, particularly in light of emerging technologies, to determine what law reform might be required to ensure the product liability regime is fit for purpose.