Operations & Premises — Public Liability

Public / General Third Party Liability:
Protect Your Business Operations

Legal liability for bodily injury or property damage caused to customers, visitors, neighbours and other third parties by your business premises or activities — a distinct policy from motor TPL, employers' liability and product liability insurance.

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What is Public / General Third Party Liability Insurance?

Public liability (also called general third party liability or commercial general liability) insurance covers the legal liability of a business for bodily injury or property damage caused to third parties who are not its employees, arising from its premises or business operations. Covered costs include compensation awards, claimants' costs, and the insured's own legal defence expenses — even when a claim is ultimately found to be unfounded.

This policy responds to scenarios as varied as a customer slipping on a wet floor in your shop, debris falling from your construction site onto a neighbouring vehicle, your cleaning crew accidentally damaging a client's office equipment, or a visitor sustaining an injury at an event you organise.

Critical Distinction: Motor TPL Does Not Cover This Risk

Compulsory Motor Third Party Liability insurance (Zorunlu Trafik Sigortası) applies to bodily injury and property damage arising from the operation of a motor vehicle on public roads and publicly accessible areas (kamuya açık alanlar) as defined by Law 2918 KTK Article 2 — including public car parks and garages. A customer who trips in your store, a falling object from your worksite, water damage to a neighbouring tenant — none of these are motor vehicle risks, and the traffic policy provides no cover for them. Public liability insurance fills this gap.

How it Differs from Related Liability Policies

vs. Motor Third Party Liability (Traffic Insurance)

Motor TPL is a mandatory statutory product covering liability from the operation of a specific vehicle on public roads and publicly accessible areas (KTK Article 2). It does not respond when a vehicle is operated exclusively in a private, non-public location (a private depot, enclosed site yard, or non-public facility), or when the incident has nothing to do with a vehicle. Public liability covers the broad range of non-motor business risks that inevitably arise in any commercial operation.

vs. Employers' Liability Insurance

Employers' liability covers the insured's legal liability to its own employees for work accidents and occupational diseases, including recourse claims brought by the Social Security Institution (SGK). Public liability covers liability to third parties who are not employees — customers, visitors, neighbours and independent subcontractors. The two policies are complementary and together form the foundation of a complete liability programme.

vs. Product Liability Insurance

Product liability covers harm caused by a product after it has left the insured's control — once it has been sold and delivered to a buyer or end user. Public (general) liability focuses on harm caused during ongoing operations, while the insured retains direct control. Manufacturers and distributors need both to avoid a gap between the two coverage grants.

Slip and Fall — Retail

Customer slips on an unmarked wet floor; sustains a fracture — bodily injury claim.

Construction — Falling Debris

Material falls from scaffolding onto a neighbouring car — third-party property damage.

Service Provider

Maintenance technician accidentally damages a client's server rack during a call-out — third-party property damage.

Events Organiser

Stage rigging collapses at an outdoor concert, injuring attendees — bodily injury claim.

Tenant Business

Burst pipe floods the unit below, damaging a neighbouring tenant's stock — neighbour damage claim.

Warehouse Operator

Forklift clips a visiting haulier's truck during loading — third-party vehicle damage.

Scope of Cover and Legal Framework

Turkish Legal Liability Basis

The Turkish Code of Obligations (Türk Borçlar Kanunu — TBK) establishes a broad tort liability regime based on fault (TBK Art. 49) and causation. Articles 55–56 govern recoverable heads of damages for bodily injury and death, including loss of earnings, pain and suffering, and support claims by dependants. Courts consistently apply a high duty of care to operators of publicly accessible premises and businesses providing services to the public. As a result, any commercial operation that interacts with third parties carries an inherent general liability exposure.

What is Covered

  • Bodily injury — injury or death of a third party caused by your operations or premises
  • Third-party property damage — damage to moveable or immoveable property belonging to third parties
  • Legal defence costs — attorneys' fees, expert witnesses and court costs, including defence of unfounded claims
  • Premises liability — accidents and infrastructure failures within the insured's premises
  • Operations liability — harm caused away from the insured's own premises during the course of business activities

Common Exclusions

  • Deliberate or wilful acts
  • Contractual liability beyond standard legal liability (assumed by agreement)
  • Bodily injury to the insured's own employees (requires an employers' liability policy)
  • Product and post-completion liability (requires a product liability policy)
  • Liability arising from the operation of motor vehicles (covered by motor TPL)
  • Pollution and environmental liability (available as a separate endorsement or standalone policy)
  • Fines, penalties and punitive damages imposed by regulatory or criminal courts
Important: The indemnity limit is the single most consequential decision in structuring a liability policy. In Turkey, major bodily injury claims — involving permanent disability, multiple casualties, or death — can reach tens of millions of Turkish lira. Set your limit by reference to sector benchmarks and historical claim data, not by what feels affordable. Chronically low limits are among the most common liability insurance mistakes.

Which Sectors Should Prioritise This Policy?

Businesses with significant third-party exposure should treat public liability as a primary-priority policy:

  • Retail and shopping centres — high customer traffic, slip-and-fall exposure
  • Hotels, restaurants and entertainment venues — guest density, food-related risks
  • Construction and contracting firms — neighbouring property damage, public safety
  • Sports facilities and events venues — inherently high injury-risk environments
  • Facility services — cleaning, security and maintenance firms working at clients' sites
  • Organised industrial zones and factories — visitor and subcontractor liability
  • Healthcare facilities — patient and visitor safety obligations
  • Logistics operators and warehouses — loading operations, forklift and vehicle interaction

Some commercial contracts and municipal operating licences specify a minimum liability limit as a contractual precondition. Your broker can identify and satisfy these requirements.

Underwriting Requirements and Premium Factors

Underwriters typically require the following information to assess a public liability risk:

  • Nature and scope of business activities — what services are provided and at which locations
  • Annual turnover or payroll — the primary premium rating base
  • Degree of public access — daily visitor count, type of clientele
  • Premises size and location — floor area (m²), number of floors, access arrangements
  • Use of subcontractors — for contracting businesses: whether subcontractors are controlled or independent
  • Loss history — third-party liability claims over the past 3–5 years
  • Required indemnity limit and deductible

Frequently Asked Questions

How does public liability insurance differ from compulsory motor third party liability (traffic insurance)?
Motor TPL covers bodily injury and property damage arising from the operation of a motor vehicle on public roads and publicly accessible areas (including public car parks) under Law 2918 KTK. Public liability covers an entirely different risk: premises and operational liability for third parties unrelated to vehicle use. The two products operate under different legal frameworks.
Is public liability insurance the same as employers' liability insurance?
No. Employers' liability covers liability to your own employees for work accidents and SGK recourse claims. Public liability covers third parties who are not employees — customers, visitors and neighbours. Both are needed for a complete liability programme.
How does public liability differ from product liability insurance?
Public liability responds to harm caused during ongoing operations while you retain control. Product liability responds to harm caused by a product after it has been sold and delivered. Manufacturers typically need both.
Which sectors in Turkey should prioritise public liability insurance?
Retailers, shopping centres, hotels, restaurants, construction firms, sports facilities, facility-service businesses, healthcare facilities and logistics operators are among the highest-priority sectors given their third-party exposure levels.
What are the main factors that determine the public liability premium?
Nature of business activities, annual turnover or payroll (as the premium base), degree of public access and visitor count, subcontractor use, past claims history, and the selected indemnity limit and deductible.

Consider These Alongside

Key Technical Concepts

Third Party Liability Legal liability to persons other than the insured and its employees for harm caused by business operations.
Premises Liability Liability arising from accidents, defects or infrastructure failures within the insured's own premises.
Operations Liability Liability for harm caused away from the insured's premises during the performance of business activities.

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