The UK Law Commission has initiated a significant new review of the national regime governing civil liability for defective products, with a particular focus on emerging technologies such as Artificial Intelligence. This regime, currently anchored by the Consumer Protection Act 1987, is now under scrutiny amid concerns it is no longer fit for a digital age that includes software-driven and interconnected products. The move follows the EU’s sweeping revamp of its own product liability framework, which has expanded liability to cover software and introduced measures to ease consumer claims.
The UK review gains urgency in the context of Brexit and the subsequent divergence from EU legal frameworks. After a false start in 2023—when reform was mooted but did not materialize in legislation passed earlier in 2025—the Law Commission now plans to address how current law accommodates Artificial Intelligence and to consider proposals that could make it easier for consumers to secure compensation for damages caused by defective digital products. This tracks developments under the new EU Product Liability Directive 2024/2853, which notably shifts the legal burden of proof and recognizes software as a standalone product category.
Early indicators from the Law Commission’s recent discussion papers highlight several gaps: the current legal regime may not clearly cover software, producers of Artificial Intelligence systems provided solely as software may not face adequate liability, and companies in modern, complex supply chains operate under uncertain duties. Furthermore, the Law Commission cites persistent difficulties consumers face in holding producers accountable, pointing out the existing framework’s failure to balance the goals of harm prevention, business support, and the fostering of innovation. The next phase of the review will involve consultation with key stakeholders and is expected to accelerate rapidly, with ministers seeking an initial report by 2026. The outcome could reshape the legal landscape for technology product liability in the UK, potentially moving toward a more pro-consumer and technologically-enabled approach.
