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Public liability insurance for Australian businesses

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What is public liability and why your business needs it?

Public liability cover is typically one of the most common types of insurance purchased by both large and small businesses. It is designed to help protect you and your business from legal claims made against you by customers, suppliers or members of the public when you’re liable for negligence. 

It can help cover accidents, death or injuries, as well as loss or property damage that may arise from an incident connected to your activities. Policies can also extend to cover product liability, which helps protect your business from legal action due to faulty products.

Not everything is covered under a liability policy. Typical exclusions may include any excess you have in place and any acts of deliberate neglect, in which case your policy may be deemed void and you could be held personally liable for the financial burden of the claim.

 

What does public liability insurance cover?

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Helping protect your business from costly claims

Whether you’re a sole trader or a growing company, public liability insurance is essential. It’s your first line of defence against costly claims that could seriously impact your business.

Personal injury

If someone gets hurt because of your business activities.

Damage to someone else property

If you or your staff accidentally damage someone else’s property while working.

Legal defence costs

The cost of defending a claim in court, even if you’re not responsible for the accident.

Damage to property in your care

Covers third-party property damaged in your care, custody or control in relation to an insured event.

Typical exclusions

Situations or events generally not covered by your liability cover. What isn’t covered varies from provider to provider. We can recommend bespoke cover for you.

Workplace injuries

These include injuries to your employees. Generally, workplace injuries are not covered under public liability insurance – these may be covered under workers compensation insurance.

Property damage

Damage to own property – such as cars, buildings, equipment or tools – is not covered. Generally, one’s own assets are covered under business package insurance.

Asbestos liabilities

Any claim caused by or connected to asbestos. Some special policies – like pollution liability insurance – might cover these liabilities, but they are generally only available to asbestos professionals.

Faulty workmanship

Generally, your workmanship errors that need fixing won’t be covered by public liability insurance. However, if the error causes third-party injury, it may be covered under your public liability policy.*

Professional advice

Public liability insurance excludes loss or damage as a direct result of any professional advice you may have given a client. This is covered under professional indemnity insurance.

Product recalls

Public liability insurance does not cover the recall, repair, replacement or loss of your products if they are withdrawn from the market because of any defect or deficiency.

Fines and penalties

Fines and penalties are not covered under your public liability insurance. However, claims for fines and penalties may be covered under statutory liability insurance.

Contractual liability

Public liability insurance generally does not cover any liability assumed by you under a contract regardless of fault. Contractual liability insurance may mitigate some contractual liability exposures.

Key product highlights

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Financial cover

Accidentally injure a customer? Help keep your business safe and stay protected against financial losses and incurred legal costs.

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Coverage across industries

From events and education to trades and travel. Wherever you work, we’ll help you stay protected and stay in business.

Why use a broker?

Choosing business insurance means navigating through products, coverages and policy terminology – with a sales pitch as your only guide. An experienced broker will spot your unique set of risks, match you to the right choice, and advocate for you on price.

We understand that ‘public liability’ means something very different to a plumber than it does to an event organiser or accountant.

We tailor your cover limits and endorsements to your specific occupation and help your business to meet contractual or legislative requirements for minimum limits that may apply.

Tailored protection by industry

Explore our tradies and builders' solutions

The risk

Negligence, property damage, personal injury, loss of property.

Solutions

Public & products liability (*consumer protection), personal injury & sickness and general property.

Compliance

Policies designed to meet BPC, QBCC, Fair Trading licensing requirements and “Site Entry” compliance.

Explore professional services solutions

The risk

A slip-and-fall in your office or a trip over a cable during a presentation.

Solutions

Tenant’s Liability and office-based incidents.

A common requirement

Minimum $10M–$20M limits often required for commercial office leases.

Explore personal trainer cover

The risk

A client overexerts themselves under your instruction, or a member of the public trips over a kettlebell left in a public park.

Focus

Third-party bodily injury during training sessions and damage to third-party property (e.g., gym flooring).

Marsh advice

We bundle PL with Professional Indemnity to cover injuries resulting from your specific coaching techniques or program design.

Explore performer and musician cover

The risk

An audience member trips over your cabling, or a speaker stand falls and damages a venue’s heritage flooring.

Focus

Claims of negligence arising during a performance, rehearsal, or while teaching.

Explore event liability cover

The risk

Inadequate crowd control leading to injury, food poisoning from a contracted vendor, or damage to a hired venue during set-up.

Solutions

Broad protection for organisers, including coverage for volunteers and specialised "Event Cancellation" options.

A common requirement

Most Australian venues and festivals require a minimum $20M Certificate of Currency before you can "bump-in."

Why Marsh?

Why should you choose Marsh to arrange your insurance solutions?

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Trusted by 130 associations

We are proud to be the endorsed insurance broker for more than 130 Australian industry groups and member associations, developing insurance solutions that help meet the risk and insurance needs of businesses across a variety of industries.

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Local expertise

Our Australia-wide network of brokers have spent years at the coalface supporting business owners manage their unique risks in a fast-changing market. They keep ahead of the latest market insights both local and global and break down the jargon into your language

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Claims support

Handling an insurance claim can quickly become overwhelming, not least when your time is stretched to the limit keeping your business going in the backdrop. We help take the load off and manage, negotiate and settle claims with insurers on your behalf.

Related insurance solutions

Professional indemnity

Protect your business against claims of misleading advice, breach of duty and negligence with professional indemnity cover.

Management liability cover

Protect your business – and your team – against management and operational risks with management liability cover.

Business insurance

A complete business insurance solution tailored to fit small and medium businesses. Right here. Under one policy.

Frequently asked questions

Insurers use a range of details to calculate your insurance premium. These include your:

  • Type of insurance
  • Level of cover 
  • Business turnover 
  • Industry 
  • Prior claims history.

All of this can differ depending on whether you’re a small business owner, or run a larger corporation.

Insurers may also factor in the number of claims they expect to receive in a year for a particular business type.

To keep your premium low, we leverage our strong market relationships to obtain quotes from multiple insurers on your behalf.

All businesses may be susceptible to public liability claims.

In certain regions, some professions – like plumbers or electricians – must have public liability insurance.

In other instances, suppliers, customers, landlords and other parties may require you to have a certain limit of liability before you can start work.

If customers visit your premises or if you interact with members of the public, we recommend that your business is covered by public liability insurance.

A certificate of currency is proof that you hold a current insurance policy.

Please contact us once you have paid for your policy and we will provide you with your certificate of currency.

What isn’t covered by public liability insurance varies from provider to provider. Typical exclusions can be:

  • Injuries to your employees (this is covered under workers compensation insurance) 

  • Damage to your property 

  • Asbestos-related liabilities 

  • Faulty workmanship 

  • Professional advice 

  • Product recalls 

  • Fines and penalties 

  • Contractual liability.

For full details on what is and isn’t covered, refer to the product disclosure statement (PDS).

If you have any questions about your policy, please get in touch.

Some businesses are required by their state authority to obtain public liability insurance before completing any work.

While it is not legally required for all companies, we recommend sole traders, contractors and other businesses consider obtaining public liability insurance.

Whether you work on multiple job sites, at a company office or in public areas, public liability insurance can cover your business wherever it conducts business activities.

In the trades industry, a subcontractor completing hired work may be covered by their client’s public liability insurance. However, if a subcontractor is negligent and leaves their tools out and injures a third party, then this claim may need to be made under the subcontractor’s policy.

We recommend contractors consider obtaining public liability insurance before performing work for another business.

  • Limit of liability: This is the maximum amount an insured party may receive during the period of insurance, subject to any sub-limits, which may also apply. Policy options typically offer limits of liability ranging from $5 million to $20 million.

  • Excess: This is the amount you will need to pay to make a claim on your insurance policy before the insurer then becomes liable.

  • Inclusions: These are the situations or events covered by your insurance policy.

  • Exclusions: These are the situations or events not covered by your insurance policy.

Here are two examples from a variety of claims that could occur:

  1. During an AFL game, a player injures their knee after tripping on a pothole in the field. They sue the club for failing to provide a duty of care to the participants and their playing conditions.
  2. After the game, a club member who is having a drink at the club house, falls when the bar stool they are sitting on collapses from underneath them. They suffer personal injury and sue the club for negligence.

To hear more about claims that could pertain to your business or industry, talk to one of our business brokers.

Both public and product liability differ to professional indemnity, another common category of insurance, which can help protect your business from legal action due to negligent advice

Public liability covers you in the event of injuries, damages or loss caused in your workplace or services you provide, whereas professional indemnity focuses on the advice you provide, which can happen even after you have completed the work.

Although different, both are equally important to consider if you provide professional advice or services in a specialist or consulting capacity, regardless of the size of your business, or location.

*Generally, your workmanship errors that need fixing won’t be automatically covered by public liability insurance. However, if the error causes third-party injury, it may be covered under your public liability policy. Talk to us about policy solutions that can extend to include this cover.

This is a general overview of the policy. Please call us and ask for a copy of the insurer’s policy wording. We recommend you read the policy wording, so you have an understanding of the policy terms, conditions and exclusions before you decide whether this policy suits your needs.

LCPA 26/2365