The Law Commission has launched a review of the product liability regime, almost 40 years after the Consumer Protection Act 1987 came into law. 

The review will be broad in scope, considering the operation of the existing regime – particularly in relation to emerging technologies – and assessing whether reform is necessary to make it “fit for purpose”. 

Two areas in particular are identified: first, the Commission states that the existing product liability regime has failed to keep up with the pace of technological developments and, as such, the review will aim to provide “increased certainty regarding managing harm caused by products, especially in the digital age”. 

Second, the Commission has also heard that bringing a successful claim under the existing regime has proved difficult for people in practice. Therefore, the review will determine if it is necessary to “correct the balance between protecting people from harm and supporting industry”. 

The review will begin later this year. In the meantime, stakeholders are encouraged to contact the Commission with views on the operation of the existing regime and whether the review should focus on any aspect in particular.  

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