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Liability

When your premises fail: the liability you carry for the people on them

A building collapse in Delhi this week is a grim reminder of something most owners never sit with: insuring your building is not the same as covering what you owe the people who are harmed in it. That gap has a name, and a cover.

It is the risk a business almost never pictures. Not that something happens to your building, but that something happens to a person inside it, and that the person, or their family, looks to you.

On the afternoon of 6 September, a five-storey building housing students in south Delhi collapsed, killing several people and trapping dozens more as rescue teams worked through the rubble. The cause will be established in time, and it is not the point of this piece. What the moment makes unavoidable, for anyone who runs a premises, is a question most owners never sit with: if the people on your premises are harmed, what do you owe them, and is any of it insured?

This is not only a story about hostels or landlords. Any business that lets people through its doors — a shop, a restaurant, a clinic, an office, a workshop, an event — carries a responsibility for the safety of those people while they are there. And insuring the building is a different thing entirely from protecting yourself against what you owe the people in it.

In short

  • When a person is injured on your premises, they can bring a claim against your business. That is third-party liability, a separate matter from insuring the building.
  • Commercial general liability, often called public liability, is the cover built for those third-party claims.
  • Property and fire cover pays for damage to your own assets. It does not pay the people harmed.
  • Your own staff are a different cover again — workmen’s compensation and personal accident.

Put simply: commercial general liability, often called public liability, is cover for third-party claims of bodily injury or property damage arising from your business premises or operations — meaning the people who are not your employees but are harmed because of your business. It is what answers when a customer, visitor, guest or passer-by is hurt and looks to you.

Insuring the building is not the same as covering the people

This is the distinction that decides whether an owner is protected or exposed. A property or fire policy answers for your own assets, the structure, the plant, the stock. It is not designed to pay a claim brought by a person who was injured on your premises. Those claims, for the harm done to a third party, sit under liability cover, and they can dwarf the cost of the building itself. A business that has diligently insured its property and never arranged liability cover has protected the thing that can be rebuilt and left uncovered the thing that cannot.

What public liability actually covers

In broad terms, commercial general liability responds when your business is held responsible for bodily injury or property damage suffered by someone outside it, whether that happens on your premises or arises from your operations. It typically helps with the legal defence and the compensation a business becomes liable to pay, subject to the policy’s limits, conditions and exclusions. The scope, the limit, and what is carved out are where policies differ, which is exactly why the wording is worth reading before it is ever needed.

It’s not only landlords and hostels

The reason this matters widely is that almost every business invites people onto its premises. A customer slips in a store, a visitor is hurt by falling stock in a warehouse, a guest is injured at an event, a patient is harmed in a waiting area. None of these are your employees, and none of them are covered by the policy on your building or the benefits you give your staff. If people come through your doors, this is your exposure, whatever your sector.

And your own people are a different cover again

It is worth being clear about the boundary, because it is easy to blur. Public liability is about people who are not your employees. Your own staff sit under different covers entirely: workmen’s compensation for the employer’s legal liability when a worker is hurt at work, and group personal accident as a benefit to the worker or their family. A serious incident on a premises can trigger all of these at once, which is precisely why they are worth mapping before an event, not during one.

How harm on your premises maps to cover

It helps to separate the event into the distinct losses it causes, because each is answered by a different cover. This is category-level — it describes how cover generally works, not any one insurer’s product.

How harm arising from your premises maps to the cover that responds (general categories, subject to policy wording)
The lossThe cover that typically responds
Injury or death of a third party on your premises (a customer, guest, visitor, tenant)Commercial General Liability / public liability
A worker injured or killed at work (your legal liability)Workmen’s Compensation
Accidental injury or death, as a benefit to your own staffGroup Personal Accident
Physical damage to the building, plant and stockFire and property

A five-minute check before you need it

You don’t need a full review to find the biggest gaps. Five questions usually surface them:

  1. If someone were hurt on your premises tomorrow, is the claim covered?Check whether you hold public or commercial general liability at all, separately from your property cover. Many businesses assume they do and do not.
  2. Do you know the difference between insuring the building and covering injury?They are two different policies doing two different jobs. Holding one does not give you the other.
  3. Does the liability limit match your footfall?A premises that hundreds of people pass through carries more exposure than one that a handful do. The limit should reflect reality, not habit.
  4. Are your own staff covered separately?Workmen’s compensation and personal accident cover your people; they are not a substitute for public liability, and public liability is not a substitute for them.
  5. If a serious claim landed, who assembles and argues it?Liability claims can be large and contested. Knowing in advance whether that is your job or someone else’s is the quiet difference on a bad day.

Frequently asked questions

What is commercial general liability or public liability insurance?

It is cover for third-party claims of bodily injury or property damage arising from your business premises or operations, meaning harm suffered by people who are not your employees. It typically helps with legal defence and the compensation a business becomes liable to pay, subject to the policy’s limits and conditions.

Does property or fire insurance cover injury to a customer or visitor?

Generally no. Property and fire cover answers for your own building, plant and stock. A claim brought by a third party who was injured on your premises sits under liability cover, which is a separate policy doing a separate job.

Is public liability insurance mandatory in India?

For most businesses it is not a strict legal requirement, though it is very often required by contracts, landlords, clients or licences. One important exception is the Public Liability Insurance Act, 1991, which requires businesses handling notified hazardous substances to carry public liability cover. The position depends on your activity and should be confirmed with counsel.

Who needs public liability cover?

Broadly, any business that lets third parties onto its premises, or whose operations can cause harm to people or property outside it. That covers a very wide range, from shops, restaurants and clinics to warehouses, workshops and event organisers, whatever the size.

Can a broker help with a liability claim?

A broker’s duty under IRDAI regulation is to you, the client, not the insurer, so a broker can assemble the documentation and fight a complex claim on your behalf. That describes the effort put in, not a guaranteed outcome.

What happens when you talk to us

A 20-minute video call with a Growth Advisor — no obligation, and no quote pushed. It opens with a five-minute video from our founder on how the benefits stack works and why Ethika exists; the rest is your questions. You’ll leave with an honest read on your current cover and claims experience, and a straight answer on whether we can genuinely help — even if you never become a client.

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A note on this page. Everything here is general information, not insurance, legal, financial or tax advice, and nothing is an offer. Cover, including what a liability policy responds to and for how much, depends on your own policy wording. The statutory reference, the Public Liability Insurance Act, 1991, is the current position and should be confirmed with counsel. For advice about your situation, talk to us. The Delhi incident details were drawn from reporting dated 6 September 2026.