This guest editor article was written by Jonathan Smart, Dispute Resolution and Litigation Partner and Head of Mobility Sector at Shoosmiths. Jon advises on complex, high value commercial disputes and is recommended in the 2025 Legal 500 Guide and Chambers and Partners 2025. Jon also heads Shoosmiths’ mobility sector, overseeing the firm’s growth across automotive, rail, logistics and the future of transport. He has a particularly strong reputation in the automotive and technology sectors and works with a number of leading automotive manufacturers and global IT companies including Volkswagen Group, Mercedes Benz and Honda. Jon is also a member of the Society for Computers and Law.
As electric vehicles (EVs) become increasingly mainstream, the legal landscape surrounding product liability is evolving just as rapidly. One area of growing concern is the intersection between product liability and the underdeveloped EV repair and servicing infrastructure—particularly where traditional motor businesses are struggling to adapt.
The cornerstone of product safety law in the UK is the General Product Safety Regulations 2005 (GPSR). These regulations require that all consumer products placed on the market must be safe under normal or reasonably foreseeable conditions of use. Manufacturers are responsible for ensuring compliance and may face enforcement action if products are found to be unsafe.
Manufacturers must:
- Ensure products are safe and comply with applicable regulations.
- Maintain technical documentation and risk assessments.
- Provide clear labelling and usage instructions.
- Monitor safety incidents and report risks to authorities.
- Cooperate with enforcement bodies such as Trading Standards and the Office for Product Safety and Standards (OPSS).
If a vehicle is likely to be serviced by third-party mechanics, the manufacturer must consider whether improper servicing could lead to safety failures. If so, the manufacturer may need to provide clear warnings, service protocols, or even design features that mitigate the risk of incorrect servicing.
Unlike internal combustion engine vehicles, EVs rely on complex battery systems, high-voltage components, and sophisticated software. These systems require specialist knowledge and equipment to diagnose and repair safely. However, many independent garages and legacy motor businesses remain ill-equipped to handle this shift. The result is a widening gap between consumer expectations and the industry’s ability to deliver safe, competent servicing.
This gap has significant implications for manufacturer liability (even if arguably it shouldn’t). If a vehicle is improperly repaired or maintained—whether due to lack of training, inadequate tools, or misdiagnosis—the risk of malfunction increases. In the worst cases, this could lead to battery fires, loss of vehicle control, or other safety-critical failures.
The Institute of the Motor Industry’s latest certification data shows that 24% of the UK automotive workforce is qualified to work on electric vehicles. Based on the forecast increase in EVs on UK roads, the IMI is predicting a shortfall of 3,000 technicians by 2031.
This intersection of skills shortages and increasing levels of sophistication in automotive production increase the probability of risks arising at the juncture of repair and servicing infrastructure.
Where such incidents occur, questions of liability will inevitably follow: was the fault with the manufacturer, the repairer, or both? If a vehicle is likely to be serviced by third-party mechanics, the manufacturer must consider whether improper servicing could lead to safety failures.
For businesses operating in this space, the risk is twofold. First, there is the direct exposure to claims if a repair goes wrong. Second, there is the reputational damage that can arise from even a single high-profile incident. As the EV market matures, we can expect to see more litigation testing the boundaries of liability in this context.
To mitigate these risks, insurers, too, will need to reassess how they underwrite risk in this evolving sector. In the meantime, manufacturers should:
- Conduct risk assessments that include third-party servicing scenarios.
- Provide clear, accessible servicing instructions and warnings.
- Monitor field incidents and complaints involving third-party service providers.
- Consider contractual controls and training for authorised service networks.
