UK Law and Practice Contributed by: Lisa Lunt and Sarah Samuel, Fletchers Solicitors
ing Standards, the Office for Product Safety and Standards, the MHRA and the HSE, particularly where issues cut across consumer and workplace safety. Case Law and Enforcement Activity There have been relatively few recent claim decisions redefining core principles of product liability. Instead, change has been driven primarily through enforce - ment action, recalls and negotiated compliance out - comes. Regulatory activity remains particularly visible in relation to unsafe consumer products and heavily regulated sectors such as medical devices, electrical goods and connected products. Overall, the direction of travel in England and Wales is towards closer scrutiny of complex and technology- enabled products, increased reliance on expert and technical evidence, and a stronger focus on post-mar - ket responsibility, even in the absence of significant legislative reform. 3.2 Future Policy in Product Liability and Product Safety Future Policy Developments in Product Liability and Product Safety Future policy development in the UK is increasingly focused on whether the existing statutory framework for product liability and product safety remains ade - quate in light of technological change, evolving supply chains and the growing role of digital functionality in consumer and industrial products. While no compre - hensive reform has yet been enacted, both product liability and product safety are the subject of active policy consideration. Law Commission Review of Product Liability A central policy initiative is the Law Commission’s ongoing review of the product liability regime under Part I of the CPA. The review proceeds from the rec - ognition that the strict liability regime was designed for a very different commercial and technological land - scape and may not adequately address modern risks. In particular, the Commission is examining whether the current framework remains appropriate given:
• the increasing prevalence of standalone software and software-driven functionality within physical products; • complex, multi-party supply chains and the role of online marketplaces and intermediaries; • AI-enabled and autonomous systems, where behaviour may evolve post-deployment; and • evidential challenges relating to defect, causation and attribution of responsibility. Although the project remains at an early stage, a core objective is to assess whether targeted reform is required to ensure legal certainty for businesses, while preserving effective consumer protection where Product safety regulation is also undergoing review and reform. The UK government has recognised that the GPSR were not designed with modern digital products, connected devices or online distribution models in mind, and that reform is needed to ensure effective market surveillance and enforcement. As part of a broader programme under the Product Regulation and Metrology Act 2025, policy develop - ment is focused on creating a more flexible and risk- based product safety regime capable of responding to: • connected and “smart” products incorporating software and remote functionality; • rapid product iteration cycles and post-market updates; • the role of online marketplaces and fulfilment ser - vices in product distribution; and • the need for clearer allocation of responsibilities across complex supply chains. harm arises from emerging technologies. Modernisation of the UK Product Safety Framework Future secondary legislation and guidance is expected to emphasise accountability of economic operators and improved traceability, particularly for consumer products sold through digital platforms.
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