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A Guide to Public Liability Insurance

Public liability insurance is a critical safeguard for businesses operating in Australia. It protects against financial risks arising from claims made by third parties for personal injury, property damage, or other liabilities connected to business activities.

This article is written by our contract lawyers with experience in insurance. We explore the key aspects of public liability insurance, its benefits, and why it is essential for businesses of all sizes and industries.

Key Takeaways

  • Public liability insurance protects businesses from claims related to personal injury, property damage, and advertising liability.
  • It covers legal defence costs, compensation payments, and settlement expenses.
  • Policies vary by industry, geographic scope, and specific exclusions, making it essential to review terms carefully.
  • Without public liability insurance, businesses face significant financial risks, including legal fees and compensation costs.
  • Certain industries and trades require public liability insurance to obtain licences or secure contracts.
public liability insurance coverage

Understanding Public Liability Insurance in Australia

Public liability insurance is a type of business insurance designed to protect companies from financial losses resulting from claims made by third parties. These claims may arise due to personal injury, property damage, or other liabilities caused by the business’s operations or premises.

Why Is It Important?

Accidents can happen at any time, even in the most cautious environments. Whether it’s a customer slipping on a wet floor or a contractor accidentally damaging a client’s property, public liability insurance ensures that businesses are financially protected against such unforeseen events.

Key Coverage Areas of Public Liability Insurance in Australia

Personal Injury

Covers claims made by third parties who sustain injuries due to the business’s operations or on its premises. For example:

  • A customer slipping and falling in a retail store
  • A labour hire worker injured while working for a host employer

Property Damage

Protects against claims for damage caused to third-party property. Examples include:

  • A contractor damaging a client’s furniture during renovations
  • A delivery driver accidentally breaking a customer’s gate

Advertising Liability

Some policies extend to cover advertising-related claims, such as:

  • Defamation, libel, or slander in marketing materials
  • Copyright infringement in advertisements

Legal Defence Costs

Public liability insurance often includes coverage for legal fees incurred in defending claims, regardless of the outcome.

First Aid Expenses

Covers immediate first aid costs at the time of an incident.

What Public Liability Insurance Does Not Cover

While public liability insurance provides broad protection, there are exclusions that businesses should be aware of:

Exclusions

Examples

Asbestos-related claims

Claims arising from asbestos exposure

Aircraft products

Liability for products used in aircraft

Product recalls

Costs associated with recalling defective products

Gradual pollution

Environmental damage occurring over time

Employer’s responsibility for workers

Covered under workers’ compensation

Punitive damages

Damages awarded as punishment for egregious conduct

Deliberate acts

Intentional acts causing injury or damage

Unlawful activities

Claims arising from illegal business activities

Additionally, high-risk activities such as working on large construction projects, marine vessels, or in hazardous locations like mines may require specialised coverage.

Industry-Specific Considerations

Construction and Trades

Construction businesses face higher risks of physical injury and property damage. As a result, they often require higher coverage limits and may pay higher premiums.

Retail and Hospitality

Retailers and hospitality businesses must protect against injuries to customers and damage to third-party property on their premises.

Commercial leases will often require tenants to hold public liability insurance.

Professional Services

A failure to professional services in accordance with the standard of care may not be covered by public liability insurance.

Businesses should work with an insurance broker and determine whether it is necessary to hold professional indemnity insurance. Unlike general liability insurance, professional indemnity insurance covers businesses where they provide negligent advice or services.

policy of public liability insurance

Risks of Not Having Public Liability Insurance

How to Choose the Right Policy

  • Identify the specific risks associated with your industry and operations

  • Carefully examine coverage limits, exclusions, and optional extensions

  • Ensure the policy covers all regions where your business operates

  • For high-risk industries, consider working with underwriting agencies that offer tailored policies

Frequently Asked Questions (FAQs)

What is the main purpose of public liability insurance?

Public liability insurance protects businesses from financial losses arising from claims made by third parties for personal injury, property damage, or advertising liability connected to business activities.

While not legally required for all businesses, certain industries and trades must have public liability insurance to obtain licences or secure contracts.

Premiums are influenced by factors such as industry risks, coverage limits, geographic scope, and the business’s claims history.

Yes, most policies include coverage for legal defence costs incurred in defending claims, regardless of the outcome.

with your Key considerations include coverage limits, exclusions, optional extensions, and whether the policy aligns business’s specific risks and operational needs.

Public liability insurance is an essential investment for Australian businesses to safeguard against unforeseen liabilities and ensure operational continuity. By understanding your business’s unique risks and selecting the right policy, you can protect your financial stability and reputation while demonstrating a commitment to safety and responsibility. 

About the Author

Farrah Motley
Director of Prosper Law. Farrah founded Prosper online law firm in 2021. She wanted to create a better way of doing legal work and a better experience for customers of legal services.

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