🛡️ Business liability insurance and other insurance
In brief
If you damage something at a customer's premises or a defect causes consequential damage, you are liable. Sole proprietors are liable with the business and also with their private assets.
- Business liability insurance (Betriebshaftpflicht): It covers personal injury, property damage and financial loss of third parties. It is common in the trades; no general legal obligation for it was found here. Clients often require it.
- Statutory accident insurance: For employees through the Berufsgenossenschaft.
- Others: contents, machinery, construction works and business interruption insurance are voluntary.
Ask the chamber of crafts or the guild (Innung) about framework agreements.
Step by step
- Identify the riskWhich work, which damage, which amounts? Note this down before asking an insurer for an offer.
- Take out business liability insurancePay attention to the sum insured, the description of activities and exclusions.
- Clarify accident insuranceAsk the responsible accident insurance provider who is insured and whether you can insure yourself.
- Review regularlyReport changes (new trades, more staff) to the insurer.
Deadlines
- Business liability insurance does not cover everything: exclusions (for example certain activities) are in the terms.
- Whether business liability insurance is required for your trade by law or by chamber/professional rules was not checked here.
- Whether business owners are themselves compulsorily insured with the Berufsgenossenschaft depends on the provider's statutes. Please ask there.
In depth · legal basis, figures and practice – for advisers and professionals
Basis of liability
The contractor's liability for defects arises from §§ 633 ff. BGB, the limitation period from § 634a BGB (two years, five years for buildings, standard period three years). For damage to third parties, tort law may apply (§ 823 BGB, not evaluated in detail). Corporations limit liability to the company's assets; sole proprietors and partnerships are in principle liable with their private assets.
Statutory accident insurance
The business owner must notify the responsible accident insurance provider of the start of the business (§ 192 Abs. 1 SGB VII). In the construction trade this is regularly the BG BAU; you should ask the provider about responsibility for your trade. The level of contributions and voluntary insurance of business owners were not evaluated here against the primary source.
Voluntary insurance
Business liability, contents, machinery, construction works and business interruption insurance are common offerings on the market. Compare terms, not just premiums. This page names no specific products or prices.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.