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NLJ this week: Neurotech & future risks in product liability

13 December 2024
Issue: 8098 / Categories: Legal News , Technology , Artificial intelligence , Consumer , Health & safety
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Your mind is not a kettle. Product liability and neurotechnology is the subject of Crown Office Chambers barrister Harry Lambert’s fifth article in his astonishing series on neurotech law, in this week’s NLJ.

While the Consumer Protection Act offers robust protection against defective products, ‘the rapid advancement of neurotechnology presents unprecedented challenges to this framework’, writes Lambert, founder and head of the Centre for Neurotechnology & Law. He explores three areas where the Act’s limitations become ‘starkly apparent’, for example, ‘the inherent plasticity of the brain and the consequently insidious, long-term risks of neurotechnology use, especially in children’.  

What is a ‘defect’? Due to incredible advances in neurotechnology, key legal definitions may need an update. Lambert explains the tech that exists or is on its way, and the gaps in the law arising as a result.

He writes: ‘The accumulation of micro-injuries from invasive neurostimulation may not present symptoms until significant damage occurs. The same is true of subtle neurotransmitter imbalances which may not present obvious symptoms initially, but can lead to mood disorders or cognitive dysfunction over time.’ 

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