Do I need public liability insurance as a sole trader? (2024)

As a sole trader, you have plenty of responsibilities for your business. One of these is to ensure you have the right insurance.

If you’re the only employee, you’re not legally required to have any cover. So would something like public liability insurance benefit you, or is it an avoidable cost?

This guide answers your question, “do I need public liability insurance as a sole trader?” and the following:

  • What is public liability insurance?
  • Do I need public liability insurance as a sole trader?
  • When should I take out insurance?

What is public liability insurance?

Public liability insurance is a cover that can help you pay for court fees and compensation for two types of claims:

  • Public injury — someone gets hurt on your premises or due to your operations.
  • Public damage — other people’s property is negatively affected by your premises or operations.

So these are the two main scenarios, think about what would happen to your business if it faces legal trouble.

The costs of any claims from the public could bankrupt your business. With insurance cover in place, the provider will pay those costs up to a specific amount depending on the protection.

Whether you need that cover depends on if those scenarios relate to your business and how likely you are to face them.

How could injuries or damage happen?

To give you a better idea of how these incidents happen, let’s look at it from different job perspectives.

For example, you’re a dog walker and one of the dogs bites a public member. It might be a new pup and you’re unfamiliar with its behaviour. A simple walk could quickly turn into a nightmare, which leads someone to file a claim.

Another example is if you’re a plumber. You could turn the wrong pipe and flood part of a customer’s house, damaging possessions. An accident could quickly lead to legal action.

Even as a personal trainer, a client can injure themselves on a treadmill. They could slip on the treadmill or pull a muscle while lifting weights. There are always scenarios where things could go wrong.

Ultimately, it’s up to the individual if their injuries, illnesses or damages are enough to take you to court. People could aim to benefit from the situation through a payout or genuinely need the money if they lose work.

Regardless of claimant intentions, it’s an issue for you if it relates to your property or business operations. Even if you create the safest environment, accidents can always happen.

Do I need public liability insurance as a sole trader?

Do you have business premises?

You should probably consider public liability insurance if you work from premises like a shop or warehouse.

Customers expect to receive what you sell without any harm. But what kind of premises are more likely to see injuries?

You might not think a shoe shop could be as dangerous as a tattoo parlour, for example. But in reality, health and safety would be a priority of a service like tattooing.

On the flip side, you may be less prepared to look out for potential hazards in a shoe store.

In reality, there are no exceptionally safe or dangerous premises because they all carry their own risks.

Is it important to your customers?

If your operation engages with the public, it might influence you when you decide whether you need public liability insurance as a sole trader.

You might find that you work in an industry in which your customers want you to have public liability insurance. For contractors, in particular, it reassures people you’re a professional that’s prepared in case of an accident.

That means your customers will have the peace of mind that you’re able to pay for any damages to their property and won’t leave them with a massive bill.

Is it worth the cost?

Ultimately, most business decisions come down to cost. Consider the difference in the amount you spend on the cover or a payout for injuries and damage.

For example, you might need to hire a lawyer to deal with a claim against you. The UK average cost for lawyers per hour depends on their experience:

  • £111 –– junior
  • £180 –– over 4 years
  • £210 –– over 8 years

Your lawyer may require you to pay them to work before you get to court. When you get there, a UK average day in court costs £2,692.

When should I take out the insurance?

Public liability insurance is always available regardless of the stage your business is in. But you might benefit from reassessing if you need it regularly, it might depend on any plans to change the business operation.

Although, when it comes to new developments, it’s also important to update your insurer to make sure your cover is relevant. For example, if you move to a new property.

Another crucial point is that you can’t take out cover retrospectively after someone takes action against you. You need to be prepared ahead of time if you want an insurer to support you in that case.

Where can I get the insurance?

If you decide you need it, Superscript offers public liability insurance from £5 a month, and you can get a quote to suit your specific needs. 50% of their customers pay less than £10 a month for their cover.

Whatever you decide, Countingup can help manage finances

Whether you use public liability insurance or not, costs are inevitable. Either you pay for the cover monthly, or potentially legal costs without it.

In your day-to-day business, though, you also have to keep an eye on your spending. That could be things like supplies, utilities and marketing.

Countingup is a business account with built-in accounting software to make your financial management accessible.

Its expense categorisation feature can automatically sort your costs conveniently with HMRC approved labels through your phone.

Get started for free.

Do I need public liability insurance as a sole trader? (2024)

FAQs

Do I need public liability insurance as a sole trader? ›

Your PL policy could likely cover some or all of the costs related to that claim. Professional liability can be critical protection for sole proprietors, precisely because you operate a solo business. With so much on your plate, you might make a mistake with a client's project, even though you don't intend to.

Does a sole proprietorship need liability insurance? ›

If you're the sole proprietor, it means you're personally liable for your business. That means you're responsible for all claims, debts and duties. With a sole proprietorship, there's no separation between business and personal assets. That's why it's important to have professional liability insurance.

Is a sole proprietorship no help for liability protection? ›

One of the main disadvantages of sole proprietorships is that they do not have any government protection, as they are not registered. This means that all liabilities extend from the business to the owner.

What is the lifespan of a sole proprietorship? ›

Personal liability is full- a sole proprietor is personally responsible for all debts of his or her business. The life-span of the business is determined by the individual (proprietorships automatically cease on the retirement or death of the sole proprietor).

What is the purpose of professional indemnity insurance? ›

Professional indemnity insurance protects you against claims for loss or damage made by clients or third parties as a result of the impact of negligent services you provided or negligent advice you offered. Compensation claims can be brought against you even if you provided a service or offered advice for free.

What insurance should a sole proprietor have? ›

Even straightforward one-person businesses could get sued for their work. If a sole proprietor hires employees, they also need workers' comp insurance. And if a sole proprietor drives a vehicle for work, they need commercial auto insurance.

What type of insurance should a sole proprietor have? ›

Errors and omissions insurance, also known as professional liability insurance for a sole proprietorship, is important for covering mistakes or errors in the professional services you provide your clients. It can help cover claims of: Negligence. Misrepresentation.

How do I protect myself as a sole proprietor? ›

Ways to Protect from Liability in Sole Proprietorship
  1. Against lawsuits: general liability, E&O insurance, professional liability.
  2. Property damage: commercial property insurance and business owner's policy, commercial auto policy.
  3. Loss of income: business income interruption insurance.
Sep 7, 2022

Why is unlimited liability such a bad thing for a sole proprietor? ›

Sole proprietors have unlimited liability and are legally responsible for all debts against the business. Their business and personal assets are at risk. May be at a disadvantage in raising funds and are often limited to using funds from personal savings or consumer loans.

How can individuals as sole proprietors avoid liability? ›

A sole proprietor can avoid the pitfalls of unlimited liability by simply electing to incorporate. Although standard corporations can be more complex than necessary, there is the option of the S corporation. A sole proprietor may also choose to form a limited liability company (LLC).

What is the biggest con of a sole proprietorship? ›

Unlimited personal liability

This is the greatest risk of a sole proprietorship. Without having a separate entity for your tax and legal issues, a court is likely to see all of your assets and liabilities, including personal, non-business-related items, as a single group.

What are 2 disadvantages of owning a sole proprietorship? ›

Disadvantages of a sole proprietorship
  • No liability protection. Among the drawbacks of this type of business entity is personal liability. ...
  • Financing and business credit is harder to procure. ...
  • Unlimited liability. ...
  • Raising capital can be challenging. ...
  • Lack of financial control and difficulty tracking expenses.
Feb 7, 2024

Do sole proprietors pay taxes once a year? ›

If your business entity is a sole proprietorship, or you have a net profit reported on your individual income tax return from a partnership or S corporation, you pay any California or federal income tax liability by making quarterly estimated tax payments.

What happens if I don't have professional indemnity insurance? ›

Failing to have professional indemnity insurance will expose you and your company to the risk of being taken to court and sued for a variety of claims such as breach of confidentiality, libel, slander and professional neglect.

Do I need indemnity insurance? ›

If someone has given you money to help with your deposit, you could need indemnity insurance. Because, if that person is ever declared bankrupt, their creditors could make a claim on your property. The insurance could protect you from lost value if this occurred.

Do I need my own professional indemnity insurance? ›

In short, if you provide any service that is relied upon by other people or businesses, you may need professional indemnity insurance to protect you. In fact, not having Professional Indemnity Insurance often represents a very serious business risk.

Can you run a business without liability insurance? ›

Operating without it means you'll face fines and penalties. You'll also have to pay out-of-pocket for your employee's medical care if they suffer a work-related injury or illness. However, even if your state doesn't require small business insurance coverage, it's still a good idea to have.

How to protect yourself from liability as a sole proprietor? ›

How Can I Protect Myself? The only way to get complete liability protection for your business is to form an LLC, a corporation, or another formal business entity. Thankfully, you can start out as a sole proprietorship and convert into one of these entities if you determine that you need your personal assets protected.

What level of liability does a sole proprietorship have? ›

What is a sole proprietorship? Because there is no separation between assets, you can be held personally liable for the debts and obligations of the business, which is one of the main differentiators from an LLC.

What is the liability risk of a sole proprietorship? ›

Unlimited personal liability

This is the greatest risk of a sole proprietorship. Without having a separate entity for your tax and legal issues, a court is likely to see all of your assets and liabilities, including personal, non-business-related items, as a single group.

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