Product liability

Reforming product liability law to make it clearer, fairer and fit for the digital age

Consultation

The Law Commission has now published its consultation paper on product liability law. The public consultation period will run until Thursday 14 January 2027.

How to respond

We invite consultees to submit responses via the online response form If possible, please use this method.

Alternatively, you can respond by email or by post (see our contact details at the end of this page).

Our key provisional proposals for reform

A broader, future-proof definition of “product” that includes software, AI systems (whether delivered on or embedded in a physical medium or supplied digitally), and the design components and features of social media and other online platforms.
An expanded definition of “supply”, under which products are treated as supplied irrespective of how they are delivered, including by download or other digital means, together with clarification of liability where products have been substantially modified after supply.
New categories of potentially liable persons to reflect the increasing complexity of modern supply chains, including fulfilment service providers, online marketplaces and UK authorised representatives.
A clearer and more structured framework for determining what constitutes “defect”.
A rebuttable presumption of defect and a risk-sharing mechanism in cases involving exceptional evidential difficulties.
A new framework for the compensation of psychiatric harm.
Compensation for damage to property used for mixed private and professional purposes.
Compensation for destruction and corruption of data.
The retention of the existing defences, subject to updates to ensure they continue to work effectively in cases concerning digital products.
The reset of the long-stop period following a substantial modification to a product by a producer and the extension of the long-stop to 25 years in cases of latent harm.

We have published a summary of the consultation paper. The summary does not contain consultation questions. Please see the consultation paper or the online response form for the consultation questions.

Background (Back to top)

It has been nearly 50 years since the Law Commission’s first report on Liability for Defective Products was published and almost 40 years since the product liability regime in Part 1 of the Consumer Protection Act 1987 (“CPA”) was introduced. The Act establishes a strict liability regime under which consumers can claim compensation for personal injury or certain property damage caused by defective products without having to prove fault on the part of the defendant. In this way, the CPA sought to provide a more straightforward route to redress in circumstances where there may be significant imbalances between the parties in their knowledge of how the product in question works.

Since the legislation was introduced, the range of available products, particularly those involving 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 these developments and that its focus on damage caused by tangible products is no longer appropriate.

We have also heard that the legislation has not always provided a straightforward route to claiming compensation and that bringing a successful claim under it can be difficult. For example, there is uncertainty about what the courts should consider when assessing whether a product has failed to provide the level of safety persons generally are entitled to expect and is therefore defective. Although reported case law under the CPA is limited, it also suggests that claimants may face significant evidential hurdles in proving defect and causation, particularly in complex technical cases.

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.

Our provisional law reform proposals seek to strike an appropriate balance between the interests of consumers and businesses. In particular, they provide consumers with a straightforward route to compensation and support businesses by providing the legal certainty they need to manage the risk of liability for harm caused by defective products.

The project is sponsored by the Department for Business, Innovation, Science and Trade.

Next steps

Our public consultation on product liability law runs from 8 October 2026 to 14 January 2027. During this period, we will meet with stakeholders, host a number of consultation events and invite written responses to our consultation paper.

We would like to hear from as many stakeholders as possible, including consumers and consumer groups, industry bodies, and businesses of all sizes involved in the manufacture, design, development, and/or supply of tangible and intangible, including digital, products. We are also interested in hearing from legal academics, law firms, barristers’ chambers and practitioners with relevant expertise.

If you would be interested in meeting with our team to share your views on our proposals please contact us using the contact details at the end of this page.

After the public consultation closes, we will consider consultees’ responses to our provisional proposals. We will later publish a final report setting out the conclusions that we reach and our recommendations to Parliament for reform of the law. We anticipate that our final report, containing our recommendations for law reform, will be published in late 2027.