public liability

[symo10]

Hi, just wandering how many have public liability insurance for their ebay store, have tried to find out and was told

 I wouldn't get it because I sell to many bits and pieces any advice please Thanks

[dazzledayz]

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@symo10 wrote:
thanks all for your comments

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If you have a look at your home insurance policy you may find you already have a form of public liability.

If you are just a hobby seller or clearing out excess junk you should be covered already.

If you are running a registered business from home additional insurance may be required.

If at all unsure consult an insurance agent or your accountant or your solicitor and have them scrutinize any existing policy you hold.

Edit - If you are renting then your landlord holds a policy for the premises which should provide some form of public liability cover.

[nevillesdaughter]

If an insurer deems that a person who has tripped over your dog and fallen down your stairs was there to conduct business, a normal householder's policy may not cover you. Same for all the other risks such as robbery, fire etc.

Again, the thing it all hinges on is whether you are defined as a business.

Marina.

[imastawka]

Edit - If you are renting then your landlord holds a policy for the premises which should provide some form of public liability cover.

A landlord's insurance never covers a tenant - only the landlord.

Don't fall into that trap.

I know of someone who was renting and they inadvertantly caused a small fire.

Landlord's insurance covered it,  but the insurance company went after the tenant

for the $10 grand

[chameleon54]

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@dazzledayz wrote:

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@lyndal1838 wrote:

I would think that Insurance would only be necessary if the seller was selling items that might cause harm to the buyer such as electrical equipment, chargers etc.

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I agree, there was a case a couple of years ago where a girl in Penrith was electrocuted by a cheapo Chinese 240v~5v charging adapter.

I believe she was using headphones that were plugged into it while using her laptop which offered a return path as it was also plugged into another wall socket at the time.

The seller was a shopping centre stall operator who was in deep trouble over the product not actually coming up to Aus spec.

The same scenario would cause an online seller grief too.

In the bad old days, any appliance to be sold in Aus had to go through a local approval process to get a standards compliance tick.

In these improved times of global free trade all the manufacturer has to do is claim the item complies and he's good to go.

As it's virtually impossible to drag a dodgy manufacturer out of Shenzen the authorities will go for the low hanging fruit ie the poor seller who believed the manufacturers claims.

I don't know how the case above settled but product liability insurance would be a good thing to have in that scenario.

The insurance company would fight the case tooth and nail.

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If the product did not meet current Australian Standards, the sellers insurance would be unlikely to protect the seller. They would be fighting THE SELLER tooth and nail , not to pay out on any claim. The seller of new electrical items would be responsible and liable to determine that they meet the current Australian standards. Insurance doesnt cover anyone for criminal neglect.

[ozstockman]

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@lyndal1838 wrote:

I would think that Insurance would only be necessary if the seller was selling items that might cause harm to the buyer such as electrical equipment, chargers etc.

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Imagine that you have sold something small, somebody has bought it and their baby has chocked with it. They may try to make you resposible for it.

[4green2000]

that will teach us all for following USA where they sue if you sneeze in public or even far#

[4476.iveco]

It may be a grey area if you allow pickups & the buyer trips over the front step or such, but your household insurance may cover you, although insurance companies can be tough if they realise you are running a business.  It is only my opinion so do some further checking.

We have $20m public liability as we do casual leasing in shopping centres from time to time which is the usual shopping centre requirement.....markets & festivals are usually $10m but some are increasing to $20m. 

[janeababe]

this is a very interesting topic, even if the OP was just wandering!  LOL

So, now I'm wondering, would my house insurance cover *jo-blo*  hurting themsleves in my driveway whilst attending to my garage sale?
I've never considered this sort of event before!

interesting...... 

Thanks folks xx

[ozstockman]

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@janeababe wrote:

this is a very interesting topic, even if the OP was just wandering!  LOL

So, now I'm wondering, would my house insurance cover *jo-blo*  hurting themsleves in my driveway whilst attending to my garage sale?

Thanks folks xx

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I think you should be ok if it happens during a garage sale considering that you are selling your own household things which are not related to buisness. However I doubt that insurance compamy for your home/content insurance  will cover it if it happens because you are runnign a business from your house and somebody is injured becase their visit is related to your business.  When you do a quote for business insurance they actually ask you if your customers are comming to your house. 

[247newdeals]

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@ozstockman wrote:

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@janeababe wrote:

this is a very interesting topic, even if the OP was just wandering!  LOL

So, now I'm wondering, would my house insurance cover *jo-blo*  hurting themsleves in my driveway whilst attending to my garage sale?

Thanks folks xx

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I think you should be ok if it happens during a garage sale considering that you are selling your own household things which are not related to buisness. However I doubt that insurance compamy for your home/content insurance  will cover it if it happens because you are runnign a business from your house and somebody is injured becase their visit is related to your business.  When you do a quote for business insurance they actually ask you if your customers are comming to your house. 

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A home owner holding a garage sale had not been negligent in failing to take measures to stop a customer tripping on an uneven driveway surface, the High Court of Australia held today. Ms Junkovic, then 53, attended the garage sale Ms Neindorf held at her home on Saturday, 5 February 2000. As she walked up the driveway she tripped on an uneven join in the concrete. One slab of concrete was 10 to 12mm higher than the other. The difference in height was clearly visible. Ms Junkovic fractured a bone in her right foot. She successfully sued Ms Neindorf in the Magistrates Court of South Australia. The Magistrate held that Ms Neindorf had breached the duty of care she owed Ms Junkovic and awarded damages of $24,464.

Ms Neindorf successfully appealed to a single judge of the Supreme Court but this decision was overturned by a majority of the Full Court. She then appealed to the High Court. The Court, by a 4-1 majority, allowed the appeal. It held that Ms Neindorf had a duty to take reasonable care but in the circumstances this did not extend to taking action such as painting lines, erecting warning signs, carpeting over the join or placing a table over it. The Court said that the danger was minor and obvious and such cracks and unevenness were to be found in footpaths and driveways throughout suburban Australia. Eliminating or warning against all potential hazards encountered at most homes was not practicable.

The SA Wrongs Act listed factors to be taken into account in assessing the appropriate standard of care owed by an occupier such as a home owner. However, section 17(3) provided that the fact that an occupier had not taken measures to eliminate, reduce or warn against a danger arising from the condition of premises does not necessarily show that the occupier had failed to exercise a reasonable standard of care. The Court held that there was no failure to exercise reasonable care in this case

This case did get overturned but it could have easily gone the other way (which it did at first) that could have been a $25k mistake 

Personally, I can not see any reason not to get Public liability. I would rather be over insured than wish I had taken it out. Mine cost me less than $200, for the year, and I have peace of mind (FYI I did check this out and I am meant to have it anyway) as nevillesdaughter correctly pointed out if you run a business from you home you will need it it does not matter if you have pick ups or not if you run a business you home is a business premises and anyone injured there could sue make sure your covered. 

Even if you just sell a few things ever now and then I would still check out (not on here) you legal responsibilities ask yourself what it would mean if someone sued you for tens maybe even hundreds of thousands of dollars. It is up to each and every one of us to decide what we want to do but personally I would say this is something you do not want to assume about take the time to find out for sure.No matter what anyone says here if (and hopefully it want) something happens on your premises you are the only person that will be held responsible