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14 October 2026
Issue: 8181 / Categories: Legal News , Artificial intelligence , Liability , Consumer
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Updating liability laws for the AI age

The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)

Its review focuses on Part 1 of the Consumer Protection Act 1987, which preceded the arrival of smartphones, apps, social media and AI.

Proposals, published last week, include expanding the definition of ‘product’ to include non-physical items such as software, AI systems, design components and features of social media and other online platforms. Liability would be extended to cover online platforms and to clarify the rules regarding compensation for psychiatric illness caused by defective products—seen as important as emerging technologies create new risks of psychiatric injury. The proposals address claims both by people directly harmed and those who develop psychiatric illness after witnessing harm to, or the death of, a loved one.

The Law Commission also aims to simplify the law on what counts as a defective product and make it easier for claimants where it is exceptionally difficult to find evidence or provide proof. In this situation, a presumption of defectiveness would apply. Defendants could seek to rebut the presumption or accept it, in which case the court would award partial compensation under a risk-sharing mechanism.

Existing defences for businesses would be retained and adapted to the digital age, including the ‘development risks’ defence where a producer is not liable for a defect that could not have been discovered when the product was supplied.

Law Commissioner Professor Solène Rowan said: ‘As technology evolves, the law must evolve with it.

‘Our proposals are designed to ensure that people harmed by defective products can obtain compensation, while providing greater clarity and certainty for businesses developing the products and technologies of the future.’

The consultation, Product liability, closes on 14 January, and can be found here.

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Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

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Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

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Fisher Phillips continues momentum in London with arrival of Catrina Smith

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