Liability Insurance 101: What Business Owners Need to Know - NerdWallet (2024)

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Key takeaways:

  • Liability insurance protects your business if it is sued for doing something, or failing to do something, that causes harm.

  • General liability insurance policies can pay out to cover medical costs after injuries, repair costs after property damage, legal expenses and settlement costs. Most business owners should have general liability insurance.

  • Depending on what your business does, you may need additional types of liability coverage, such as errors and omissions insurance.

What is liability insurance?

In general, liability insurance protects you financially if you cause harm to a person or damage to a person’s property. If you are at fault in an auto accident, for instance, the liability portion of your personal auto insurance pays for the other party’s medical expenses and car repairs.

Many kinds of business insurance provide liability protection. If a business harms or is accused of harming someone or their property, commercial liability insurance policies can cover medical bills, property repairs, legal costs and settlements up to the policy’s limit.

There are many types of liability insurance that cover specific kinds of harm that might result from your business’s operations. A few examples include:

  • Someone trips on a loose tile in a store and breaks a bone, and the owner of the store has to pay their medical costs. General liability insurance could cover that expense.

  • A product is defective and has to be recalled. Product liability insurance — specifically product recall insurance — could cover that expense.

  • A doctor makes a mistake during a procedure that results in a patient’s death and has to pay a settlement to the patient’s family. Medical malpractice insurance, which is a type of professional liability insurance, could cover that expense.

What does liability insurance cover?

In general, liability insurance covers legal costs. If a court finds the policyholder to be at fault, it also covers settlement costs, including medical expenses for someone who has been injured or repairs to property that has been damaged.

Many businesses need several different types of liability coverage, depending on what kinds of work they do, where they do it and whom they do it with.

Some of the types of coverage below can be packaged and sold together as one policy. Others may be sold separately.

General liability insurance

General liability insurance covers your business when a third party or their property is harmed in your normal course of doing business. A general liability policy could pay out to cover medical costs for a customer who slips and falls in your store and then files a lawsuit, to use a common example.

General liability insurance can also cover repair costs if you or an employee damage someone else’s property while doing business. And it can cover legal defense costs and settlement costs if your business is sued for libel, slander or violating copyright.

General liability insurance does not cover injuries that your employees sustain while on the job, though. For that, you’ll need workers’ compensation.

Professional liability insurance (Errors and omissions insurance)

Professional liability coverage pays out if a business owner does something wrong, or fails to do something important, that results in harm to the customer.

Medical malpractice insurance, which covers doctors if they are sued after the injury or death of a patient, is a common type of professional liability insurance. But other professionals, especially those who give advice to clients, may need to carry professional liability insurance too. These include attorneys, accountants, architects, financial advisors and more.

Professional liability insurance can also be called errors and omissions insurance. It is typically not available as part of a business owners' policy and has to be purchased separately.

Product liability insurance

Product liability insurance covers harm done by the products a business manufactures, distributes or sells. If you are sued for manufacturing a defective toy or selling contaminated lettuce, this type of coverage could protect your business.

Other types of liability insurance

There are many other kinds of liability insurance that protect businesses in specific situations. Like the types of coverage described above, these may be attached to other business insurance policies or purchased separately.

A few of the other kinds of liability insurance include:

  • Cyber liability insurance can protect businesses’ finances if they are hacked and customers’ data is stolen.

  • Employment practices liability insurance can pay out if companies are sued by current or former employees for violating their rights, such as in wrongful termination or sexual harassment lawsuits.

  • Directors and officers insurance protects board members’ finances in case of lawsuits from shareholders or others related to the work they did on the board.

Commercial auto insurance

Commercial auto insurance policies include liability insurance as well as other types of insurance coverage. Most states require businesses to have insurance for business vehicles.

Like personal auto insurance, these policies usually include:

  • Liability coverage, which covers medical bills or property damage for the other people involved in the crash.

  • Personal injury protection, which covers medical bills for the driver and any of their passengers.

  • Uninsured motorist coverage, which pays for medical care and property damage if the other driver is at fault but doesn’t have insurance or if they flee the scene.

  • Comprehensive and collision coverage, which cover damage caused by fire, flooding, vandalism or being hit by another car.

Commercial auto policies can cover any vehicles used to do the company’s business, whether or not those vehicles are owned by the company.

If you’re self-employed and you use your personal vehicle to do business, check your personal auto insurance policy to see how much commercial activity it covers. Most personal policies do not offer enough coverage for regular commercial use.

Workers’ compensation

Workers’ compensation is a type of liability insurance that covers medical expenses and lost wages if an employee is injured on the job.

Almost every state requires business owners to carry workers’ compensation insurance for their employees. Some states require it only once you reach a certain number of employees, though the rules can vary by industry. Check the rules in your state to avoid being penalized.

What kind of liability insurance do I need?

The short answer is: It depends.

When shopping for insurance, many small-business owners start by purchasing a business owner's policy. A BOP is a package that includes several different types of coverage, usually including general liability coverage.

Almost all states require that business owners carry workers’ compensation and commercial auto insurance. Your state may also have industry-specific regulations, like requiring that doctors have medical malpractice insurance or that lawyers have legal malpractice insurance.

Other stakeholders can set regulations too. For instance, state bar associations may require attorneys to disclose to clients whether or not they have professional liability insurance. Commercial property leases often require business owners to carry general liability coverage.

Beyond what’s required, you may need other types of liability insurance depending on your industry, what kind of products you sell or services you provide, the size of your business and other factors.

How do I buy liability insurance?

Shopping for business insurance can be a lot more complex than shopping for personal insurance. An insurance broker can help you understand what kinds of coverage your business needs and help you make sure your policies meet those needs. If you work with a financial advisor, they can probably refer you to an agent who sells business insurance.

As your business grows, you may need to update your insurance policies. Review your coverage regularly as part of your business planning work and make sure to add additional coverage if you need it.

» MORE: Where to get business insurance online

How much does liability insurance cost?

Every type of liability insurance coverage will come with its own costs. Some of these types of insurance can be packaged together in a business owners’ policy. Others are sold separately.

The cost of each type of policy can vary dramatically depending on:

  • What industry you’re in and what your business does.

  • How many employees you have.

  • How long you’ve been in business.

  • Where your business is located.

  • Your claims history.

  • Other factors.

The cost of general liability insurance: Progressive reports that businesses that bought new policies in 2020 paid $53 per month on average. Insureon reports its customers pay a median price of $42 per month.

The cost of professional liability insurance: Progressive reports that businesses that bought new policies in 2020 paid $46 per month on average; Insureon reports its customers pay a median price of $59 per month.

Liability Insurance 101: What Business Owners Need to Know - NerdWallet (2024)

FAQs

What do you need to know about liability insurance? ›

Liability insurance provides protection against claims resulting from injuries and damage to people and/or property. Liability insurance covers legal costs and payouts for which the insured party would be found liable. Provisions not covered include Intentional damage, contractual liabilities, and criminal prosecution.

How do business owners determine their insurance needs? ›

Four steps to buy business insurance

Think about what kind of accidents, natural disasters, or lawsuits could damage your business. Is your business located in a commercial area that is at risk from seasonal events? Commercial property insurance will help protect against loss. Find a reputable licensed agent.

What does a business owners policy include? ›

A Business Owner's Policy (BOP) bundles business property and liability insurance into one policy. This means it can help cover claims of bodily injury and property damage to your building, equipment or inventory.

What is professional liability insurance what type of business would need this insurance? ›

Professional liability insurance is used to protect businesses against claims of negligence. Professionals such as accountants, architects, information technology specialists, doctors, and professionals that contract their services use this insurance.

What is liability insurance and why does a business need it? ›

Business liability insurance protects your small business if you're sued for bodily injury, property damage or other type of loss during normal business operations. This type of business insurance is also known as general liability insurance or commercial general liability insurance.

Do I really need personal liability insurance? ›

It pays your legal fees and court costs, as well as the medical expenses and lost wages for the injured person. A good rule of thumb is to buy enough personal liability insurance to cover your net worth. This ensures your assets are protected in the event of a lawsuit.

Which coverage would a business owner need? ›

Commercial General Liability (CGL) is the standard commercial liability policy used to insure businesses. There are three primary coverage sections that make up a CGL policy: premises liability, products liability and completed operations.

How much is a $2 million dollar insurance policy for a business? ›

How much is a 2-million dollar insurance policy for a business? On average, an insurance policy that offers coverage for up to $2 million can cost about $30 a month in premiums.

What are 3 factors that insurance companies look at to determine how much your insurance is going to cost? ›

Auto insurance rates depend on factors such as your age, gender, location, the kind of car you drive, your driving record and possibly even your credit score.

What is excluded from a business owners policy? ›

BOPs do NOT cover professional liability, auto insurance, worker's compensation or health and disability insurance. You'll need separate insurance policies to cover professional services, vehicles and your employees.

Does a business owners policy cover product liability? ›

A BOP protects against: Damage to manufacturing equipment and other business property. Customer injuries and property damage. Product liability lawsuits.

What is a business owners policy most similar to? ›

The BOP is most similar in structure to the personal lines homeowners policy because both require that the policy provide property insurance and liability insurance in a single policy.

What to look for in professional liability insurance? ›

Find a reputable insurance company — one that is fully licensed in all jurisdictions, is financially stable (check the A.M. Best rating), provides support with claims, provides confidential ethics and risk management consultation (such as The Trust's Advocate 800 Program), and has competent and convenient customer ...

What are the common professional liability claims? ›

Professional liability claims may arise out of a number of circ*mstances, including professional negligence, mistakes, oversights, misrepresentations, inaccurate advice, missed deadlines or undelivered services.

How much is professional liability insurance in the US? ›

Most policyholders can expect to pay a premium between $50-$100 per month for their professional liability insurance coverage.

What is the risk of liability? ›

Liability Risk is a type of Operational Risk specifically the risk of being held liable or responsible for an action or inaction, whether or not at fault, resulting in a direct or indirect financial loss.

What is the difference between auto liability and general liability insurance? ›

I've explained that Auto Liability pays out when you hit someone or something with your vehicle, and that General Liability does not. Period. To give them a better picture of what General Liability does cover, here are some examples I use: Customers slipping and falling on your premises.

What are the liabilities of an insurance company? ›

An insurer's two major liabilities are loss reserves and unearned premium reserves. Loss reserves are an insurance company's best estimate of what it will pay in the future for claims. Unearned premium reserves represent the premiums paid for coverage that has not yet been used because the policy has not expired.

What does it mean to be found liable? ›

A party is liable when they are held legally responsible for something.

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