Law on defective products will undergo review to keep pace with changing markets

The review intends to catch up with product developments, changing consumer habits and market saturation since the legislation was created nearly 40 years ago.

With rapid technological development and use of global online marketplaces, the range of products available to buy has increased significantly. However, existing legislation, designed to give consumers a way to claim compensation for harm caused by product defects, has not kept pace.

The review intends to look at areas where the existing system does not align with modern markets and, if thought to be no longer fit for purpose, identify how the law might be brought up to date. Additionally, it will aim to provide clarity over how to manage harm caused by new products where this is not certain. 

Leading product liability lawyer Jill Paterson has welcomed the review, and hopes it will lead to better consumer protection against defective and unsafe products not currently covered by the outdated legislation.  

Jill Paterson said:

“The Consumer Protection Act was a massive step forward for consumer protection when it came into force in 1987. However, consumer habits have changed into something that was not capable of being envisaged by those drafting the legislation in the 1980s.

"Having acted for many consumers who have been injured or suffered losses from defective products, I know that a review of the product safety legislation is absolutely vital to ensure robust consumer protections moving forwards. The Law Commission has an opportunity to recommend reforms to better protect those who have been harmed by defective products.”