Source: Winston Taylor
Professional commentary.

The Law Commission’s consultation proposes extending UK strict product liability to standalone software and AI systems. Lawyers Katie Chandler, Jamie Humphreys and Andrew Spencer examine the proposals in professional commentary, rather than official guidance. According to their account, the consultation paper published on 8 October 2026 seeks to update the framework established by the Consumer Protection Act 1987. The proposed definition of a product would expressly encompass platform design and features, including recommendation algorithms, infinite scroll and autoplay. Potential defendants would expand to include developers, substantial product modifiers and additional participants in digital supply arrangements, subject to the proposed conditions.

The consultation addresses difficulties that claimants may encounter when proving defects involving complex digital technologies, including AI. The authors describe proposed risk-sharing arrangements and a possible rebuttable presumption of defect where information asymmetry and fairness justify shifting the evidential burden. Proposed changes to recoverable damage address psychiatric harm, including certain family claims connected with children’s use of chatbots or other digital products, subject to eligibility requirements. The proposals also cover compensation for data destruction or corruption, while excluding professional data, and changes concerning software updates and latent personal injury. These measures remain consultation proposals; the commentary states that responses may be submitted until 14 January 2027.