Unmanned Aircraft Systems and Strict Product Liability in the UK: Time for Reform

Digitalisation and advanced communication technologies are poised to enable the deployment of Unmanned Aircraft Systems (UAS) in non-segregated airspace through Beyond Visual Line of Sight (BVLOS), including those that are autonomous. This transition shifts the primary source of accident risk from human error to product defect. As such, it is critical to assess the adequacy of the relevant compensation mechanisms. The Consumer Protection Act 1987 (CPA 1987) is the primary tool that imposes strict liability on producers for defective products in the UK; however, it was drafted before the widespread deployment of interconnected cyber-physical systems and self-learning algorithms. This article evaluates the application of the CPA 1987 to UAS, arguing it is unable to cater for digital technologies, including (but not limited) to defining the ‘product’, establishing post-supply liability, and addressing the burden of proof for AI applications. Furthermore, it argues that reliance on the operatorfocused section 76 (2)–(4) of the Civil Aviation Act 1982 (CAA 1982) transfers the burden of product defects onto UAS operators. Building upon the new EU Product Liability Directive (PLD), this article concludes that the existing product liability framework of the UK is inadequate and requires reform.