Public liability insurance
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What is public liability insurance?
Public liability insurance is a type of business insurance that helps offer financial protection if a third party claims that your negligent business activities caused them personal injury or property damage. A public liability policy is a potential safeguard against a public liability claim, potentially helping to cover legal fees and compensation costs.
Who can make a public liability claim?
Any third party who suffers an injury or property damage due to negligent business activities can file a public liability claim. A third party is basically anyone who isn’t an employee of the business or its owner – think customers, visitors, suppliers, and even members of the public.
What does public liability insurance cover?
A public liability insurance policy generally covers medical expenses, legal fees, repair and replacement costs for damaged property and compensation for emotional distress caused by negligent business activities.
Medical expenses
Public liability insurance may include cover for hospital bills, rehabilitation, medications and even lost income if a third party is injured on your business premises or on-site.
Property repair or replacement
Damage to third-party property is a common inclusion in a public liability insurance policy – think the cost of repairs to a customer’s vehicle or replacing a client’s laptop.
Legal costs
Public liability insurance helps cover the costs of legal proceedings, like your defence costs, court expenses and settlement if a claim must be settled in court.
Compensation for emotional distress
Emotional distress, psychological trauma or recognised psychiatric illness also falls under a public liability claim, and public liability insurance includes cover for such claims.
How much does public liability insurance cost?
A small business can expect to pay $391BizCover’s Customer Average Monthly Payment Report is based on 1 July 2023 to 30 June 2024 and presented as a guide only. It may not reflect pricing for your particular business, as individual criteria will apply. per month on average for public liability insurance, according to our partner BizCover. Your actual cost can depend on the insurer and level of cover you choose to go with, the type and size of your business, where it’s located and the industry it operates in. For example, an office-based consultant business could pay around $372BizCover’s Customer Average Monthly Payment Report is based on 1 July 2023 to 30 June 2024 and presented as a guide only. It may not reflect pricing for your particular business, as individual criteria will apply. per month on average for public liability cover, while retail outfits with a higher amount of foot traffic could pay an average monthly premium of $60.3BizCover’s Customer Average Monthly Payment Report is based on 1 July 2023 to 30 June 2024 and presented as a guide only. It may not reflect pricing for your particular business, as individual criteria will apply. Ultimately, your public liability insurance costs boil down to the level of risk your business is exposed to.
So, given the diverse risks that any business can bring to the table, it’s safe to say that different businesses will likely not pay the same amount for public liability insurance. That’s because insurance providers generally consider a combination of factors when calculating your premium, such as:
- Coverage amount: It probably goes without saying that the more coverage you go for, the more you’ll likely have to pay for it.
- Business size: Bigger businesses with more employees and higher revenue usually pay more for insurance because they’ve got greater exposure to potential claims.
- Type of business: Different businesses face different risks, and some industries are inherently riskier than others – like construction versus consulting.
- Location: Where you operate affects your price, because your location may be more prone to insured events like natural disasters, theft or vandalism.
What are common reasons for public liability claims?
Public liability claims usually stem from injuries and property damage suffered by third parties due to a business neglecting to ensure the safety of its customers or members of the public. For example, an injury caused by a slip and fall on a wet floor is reason enough for someone to file a public liability claim against a business. Other reasons can include injuries or property damage caused by defective products, falling objects or building and construction failures at your business premises.
Here are some examples of events that can lead to a public liability claim:
- A beautician’s client suffers burns caused by a hot wax.
- A builder’s equipment or materials injures a third-party.
- An electrician damages a client’s expensive kitchen appliance.
- A plumber’s incorrect installation of a toilet resulted in water damage.
Public liability insurance explained, with iSelect.
Learn how public liability insurance can benefit small business owners. Familiarise yourself with what a public liability insurance policy can cover and get savvy with some of the features to look for when choosing public liability cover.
Frequently asked questions about public liability insurance
What won’t public liability insurance cover?
Public liability insurance may not cover injuries or property damage suffered by business owners or staff members, nor might it cover claims related to causes such as faulty workmanship, professional negligence or product recalls. Public liability insurance will also unlikely cover claims made outside the policy period or those arising from illegal business activities. To get a complete picture of what’s not covered by public liability insurance, read through the policy wording in the Product Disclosure Statement, keeping an eye out for exclusions and conditions of cover.
Here are some common exclusions you’ll come across in a typical public liability insurance policy:
- damage to your or your business’s property
- injuries suffered by you
- employee injuries or property damage (the former is covered by workers compensation)
- faulty workmanship, contractual liability or professional negligence
- criminal acts or intentional damage or injury
- liquidated or punitive damages
- incidents involving aircraft products, asbestos or gradual pollution.
Will public liability insurance cover my employees?
No, public liability insurance is not meant to cover injuries or property damage that employees themselves suffer, but it can cover injuries or property damage caused by your employees to third parties while they’re on the job.
Instead, your employees’ injuries or property damage fall under workers compensation – a type of insurance that covers your employees if they get injured or sick at work. Workers’ Compensation is mandatory for any business that has employees, no matter where you operate in Australia.
Different types of employees may or may not be covered by workers comp. If you have apprentices, for example, they’ll be included in your workers compensation policy, but other workers such as independent contractors and unpaid interns won’t. Check with your local state body to make sure.
Note: BizCover does not offer Workers Compensation insurance. Workers Compensation is regulated by each state and territory, and each scheme has its own rules, regulations and legislative framework.
Is public liability insurance mandatory?
Public liability insurance isn’t mandatory for all Australian businesses, but it is mandatory for certain kinds of businesses in certain states. All plumbers operating in Victoria need public liability insurance, as do electricians in Victoria, Queensland and Tasmania.
Public liability cover can also be a contractual requirement for certain types of businesses. For example, if you’re working on a public-facing job site, such as a building site or shopping centre, you might also require public liability insurance before you can start work – usually, this will be outlined in your job contract. Some businesses also need to take out public liability insurance before they can sign a lease on their premises.
For more info on the public liability insurance requirements in your state, have a look at some of our state-specific pages:
How do I make a claim for public liability insurance?
To make a claim on your public liability insurance policy, first, you’ll notify your insurer soon after the incident. Then, you’ll need to fill out a claim form and gather all supporting documents such as photos of the incident, letters or emails from or contracts with the claimant and any repair quotes or investigation reports related to the incident.
To make the claims process quicker and more efficient, follow these steps:
- Notify your insurer as soon as possible after the incident.
- Fill out a claim form with a comprehensive rundown of the incident and any details about the third party’s allegations against your business.
- Provide supporting documentation such as photos, videos, written correspondence, contracts between you and the third party, and any other relevant info.
- Wait for your insurer to assess your claim.
What kinds of businesses might need public liability insurance?
Business including retail and hospitality businesses, tradies, allied health professionals and fitness providers could all benefit from having public liability insurance. Generally, any kind of business that faces the risk of third-party claims from customers, suppliers or members of the public can get public liability insurance to help offset that risk. Think those that work on external job sites or have members of the public visiting their premises.
Even business owners who work from home may benefit from public liability insurance. For example, if they’ve got clients or suppliers visiting their home office and something happens, it could provide valuable financial protection.
Some businesses that may want to consider public liability insurance include:
- retail stores
- restaurants and cafes
- construction companies
- tradespeople (such as electricians and plumbers)
- sole traders
- event organisers
- freelancers and consultants who work on job sites
- beauty salons and spas
- fitness instructors and gyms
- medical clinics
- photographers and videographers
- real estate agencies
- childcare centres
- catering businesses
- market stall operators
- manufacturers
- cleaning companies
- landscapers and gardeners
- health and wellness practitioners
- venues and rental spaces
- tour operators.
What’s the difference between public liability and professional indemnity?
Public liability and professional indemnity insurance differ in the type of claims they’re meant to cover. A public liability insurance policy is designed to cover claims for third-party injuries or property damage, while professional indemnity cover offers protection for claims related to financial losses suffered by a third party.
Expanding a little further, public liability insurance helps minimise your financial risk if a third party is injured or something happens to their property and your business is responsible – such as a slip and fall on your premises due to a wet floor. On the other hand, professional indemnity insurance may offer financial protection if a third party suffers a financial fallout due to negligence or errors arising from your professional services or advice – a good example would be if you recommended that a client install a particular software system and it resulted in a data breach.
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iSelect’s partnered with BizCover Pty Ltd (ABN 68 127 707 975: AFSL No.501769) to help you compare small business insurance policies. iSelect earns a commission from BizCover for every policy sold through the website or contact centre. iSelect and BizCover do not compare all providers in the market, or all policies offered by all providers. iSelect does not arrange policies from the providers we compare for you directly, but iSelect will refer you to our trusted partner, BizCover Pty Ltd who can.
Any advice provided on this website is of a general nature and does not take into account your objectives, financial situation or needs. You need to consider the appropriateness of any information or general advice iSelect gives you, having regard to your personal situation, before acting on iSelect’s advice or purchasing any policy. You need to consider if the insurance policy is suitable for you. Please read the Financial Services Guide before buying any insurance policy.