The Law Commission has opened a consultation on reforming product liability law, prompting The Law Society Gazette to ask whether the proposals amount to "a step too far?"

The consultation marks the latest stage in a formal review of how liability attaches to defective products in England and Wales. The Law Commission, the statutory body charged with recommending reforms to Parliament, is seeking views before any final recommendations take shape. The Gazette's coverage frames the exercise as significant for the profession while questioning its ambition.

What is under review?

Product liability governs who bears responsibility when a defective product causes injury or loss. The current framework traces back to the Consumer Protection Act 1987, which implemented an EU directive and introduced strict liability for producers. Injured consumers need not prove negligence under that regime. They must show the product was defective and caused the harm.

Reform consultations of this kind typically canvass practitioners, insurers, manufacturers and consumer groups. The Commission will weigh the responses before publishing any final report with draft legislation. Nothing changes until that report lands and Parliament acts on it. For now, the consultation itself is the news: the scope and direction of the questions signal where the Commission may be heading.

The Gazette's headline question — "A step too far?" — captures the tension reform exercises of this sort always generate. Expanding liability protections for consumers can raise costs and risks for producers, insurers and the businesses that distribute goods. Tightening the rules narrows recovery for injured claimants. The Commission must strike that balance, and commentators are already testing where the line should sit.

Why does the consultation matter for practitioners?

For solicitors, the practical stakes are direct. Any shift in the product liability regime changes how claims are pleaded, defended, priced and settled. Claimant lawyers watch for widened duties or new categories of responsible parties. Defendant firms and insurers watch for the opposite: certainty, limitation and predictable exposure. In-house counsel at manufacturers will assess what reforms mean for compliance costs and litigation risk.

A consultation is not a ruling. No court has decided anything here, and no statute has changed. But consultations from the Law Commission carry real weight, because the body's recommendations frequently translate into legislation. Practitioners who engage now, through written submissions, can shape the final proposals rather than react to them.

What happens next?

The consultation will run for its stated response period, after which the Law Commission will analyse submissions. Its eventual report may recommend reforms to the Consumer Protection Act 1987 framework, procedural changes, or a decision to leave well enough alone. Each pathway remains open at this stage.

The Gazette's sceptical framing suggests the debate within the profession has already begun. Whether the reforms prove proportionate or overreaching will depend on the detail the Commission ultimately proposes. For now, the profession has its invitation to weigh in.

By Marcus Bennett, Global Law Wire