Will the UK adopt EU style product liability changes?

It has been nearly 50 years since the Law Commission first reported on liability for defective products and next year will mark the 40th anniversary of the Consumer Protection Act 1987 which adopted the 1985 European Product Liability Directive into national law.

The new Product Liability Directive in Europe will come into force in all Member States on 9 December 2026 which will alter the legal landscape for product liability claims in the EU. Its ramifications will be extensive for manufacturers and developers, most notably by creating a consumer-friendly regime and extending the definition of product to include digital manufacturing files and software. Please see our article here.

While the EU is proceeding to undertake a radical overhaul of its existing regulatory framework, reform in the UK has not yet occurred despite the Law Commission identifying “product liability and emerging technology” as a concern and potential area of review back in 2021.

However, on 8 October 2026 the Law Commission published its consultation on product liability law and the public consultation will run until 14 January 2027.

The Law Commission’s provisional key proposals for reform are:

• 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.

Evidently, if these changes are made, the way product liability claims in the UK are run and defended will change and it remains to be seen whether the UK and the EU’s new Product Liability Directive will largely mirror each other.

The authors regularly lecture on this subject and in the event that support is required for businesses with any aspect of this article or any issues arising from product safety or product liability claims more generally, please contact Clyde & Co's Product Liability, Safety and Recall Team led by Partners, Peter Barnes and Charlotte Kelly.