Product liability and safety: overview
A practice note providing an overview of general product liability and safety laws in the UK, covering the respective civil and criminal liability regimes. The note examines the main legal bases on which entities in a product supply chain can incur liability for defective products, including strict liability under the Consumer Protection Act 1987, fault-based liability in negligence and contractual claims. It also explores the evolving regulatory framework, addressing the divergence between the UK and EU regimes post-Brexit and the impact of legislation such as the General Product Safety Regulations 2005 (SI 2005/1803) and the Product Regulation and Metrology Act 2025. The note also outlines various contractual and non-contractual methods to minimise exposure to product liability claims and regulatory enforcement action.
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