Do I Need Public Liability Insurance

What is Public Liability Insurance?

Public Liability insurance covers you if a customer, supplier, or member of the public claims that your negligent business activities caused them injury or property damage. This includes defence costs. A Public Liability policy helps cover things like slip and fall injuries, customer property damage, advertising injury, and even death.

Having Public Liability insurance gives you peace of mind against potentially stressful, time-consuming and costly legal claims.

Why Do I Need Public Liability insurance?

Public Liability insurance helps small businesses cover compensation and legal costs if they are found responsible for accidents that happen at their premises or as a result of their work. This type of insurance can help cover the financial impact of common risks, such as:

  • Third-party injury: Covers medical bills and compensation costs if someone suffers a bodily injury because of your business activities.
  • Legal and defence costs: Covers your legal and defence costs related to a claim, plus judgements and settlements awarded against you.
  • Property damage: Compensation for damage to property owned by a third party due to your negligent business activities. May cover the cost of repair or replacement
  • Damage in custody: Compensation for damage of third-party goods not owned by you which are in your care, custody or control.
  • Advertising liability: Covers claims of intentional damage or injury caused by your advertising. This may include defamation, misleading statements, or copyright infringement.

Is Public Liability insurance a legal requirement?

Public Liability Insurance is not a legal requirement in Australia for most businesses. However, there are some situations where it is mandated before you can legally operate, such as:

  • Public Liability insurance is required for some tradies when they operate under a state issued licence, for example builders, plumbers or electricians. Depending on the state or territory you work in and your occupation, there are special requirements for your cover. For example, Queensland electricians are required to hol[DT2] d at least $5 million of Public and Products Liability cover and consumer protection insurance of at least $50,000.
  • It may also be a requirement under a government or private client contract, or as part of a lease agreement for renting commercial property.

Even when it’s not a requirement, businesses should consider having Public Liability insurance to protect them against claims of third-party injury or property damage. No matter how careful you may be, if your business interacts with clients, suppliers or members of the public, there is the potential for a claim to occur. A claim could cost your business thousands of dollars in legal fees and compensation, in a worst-case scenario.

All businesses and sole traders can be exposed to risk. Ensure your insurance policies are up to date and provide adequate coverage to meet industry requirements, your contractual obligations, and business activity.

You might want to consider a Public Liability policy if:

  • You have customers, suppliers or members of the public who visit your business premises whether in a commercial building or home-based office.
  • You work at a client’s site, e.g. a tradesperson carrying out repairs or work in other people’s homes.
  • If your business hosts public events, like a stand at a tradeshow attended by members of the general public.

Do I need Public Liability insurance if I have a home-based business?

Yes, home-based businesses might want to consider Public Liability insurance. Businesses operating from a home office can still have risks that this type of insurance can help manage, such as:

  • Clients, suppliers, or delivery people visiting your home office
  • You visit clients at their premises or work with them in their office
  • Selling products to customers or clients

What if I don’t have Public Liability insurance?

If you don’t have Public Liability insurance, you may be exposed to different types of risk that could impact your business financially. You may need to pay legal fees and compensation costs out of pocket to defend your business and reputation.

Assess your insurance needs and consider whether you have adequate cover for all potential scenarios.