When the Public Is on Your Premises
Public Liability Insurance in St. Maarten
If a customer slips in a shop on Front Street, a hotel guest trips on a property or work damages a neighbour’s building in Cole Bay, the business involved may be held legally responsible. Public liability insurance is designed to help pay legal costs and compensation in situations like these.
In short: Public liability insurance is designed to help pay legal costs and compensation when a customer, visitor or member of the public is injured, or their property is damaged, because of a business's premises or work. It is often considered by shops, restaurants, hotels, tour operators, contractors and landlords.
What Public Liability May Cover
Public liability insurance is designed to respond to claims from members of the public, meaning anyone who is not an employee, who suffer injury or whose property is damaged because of a business’s activities or premises.
- Bodily injury: medical costs and compensation for someone hurt on the premises or because of the business’s work.
- Property damage: repairs or replacement of third-party property that is accidentally damaged.
- Legal defence: solicitors’ fees and court costs, depending on the policy.
- Claimant costs: the other party’s legal costs, in some situations.
Who May Want to Consider It?
- Shops, duty-free stores, restaurants, bars and beach clubs
- Hotels, villas, timeshares and guesthouses
- Contractors, builders, tradespeople and maintenance companies
- Tour, charter, water-sport and activity operators, including those working from marinas
- Salons, clinics, gyms and studios
- Landlords and property managers
Where people visit premises, or a business works on other people’s premises, public liability may be a relevant risk to review.
Everyday Situations
- A wet floor in a restaurant leads to a customer’s broken wrist.
- A signboard falls in strong winds and damages a parked car.
- A contractor drills through a pipe and floods the flat below.
- A guest is injured on a tour or activity.
- A cruise visitor slips on a wet step at the entrance to a Philipsburg shop.
- A beach-bar sign or umbrella is blown over in strong winds and strikes a passer-by.
Considering a Limit
The limit is the most the insurer will pay for one claim. It may help to think about the number of visitors, the kind of work done, and whether a client or landlord asks for a minimum limit in their contract. An advisor can discuss how a limit relates to the risks involved.
Public Liability for Businesses in Sint Maarten and Saint Martin
Many businesses in Sint Maarten (the Dutch side) have a steady flow of people through their premises: shops and restaurants in Philipsburg, hotels and villas around Simpson Bay, Maho and Dawn Beach, beach bars and activity operators. Visitors may arrive from the cruise port at Great Bay or Princess Juliana International Airport, so the number of people on site can change through the year. When reviewing public liability cover, it may help to ask about the limit, the deductible, how claims by visitors are treated and where the policy applies, since some businesses also work in Saint-Martin or on neighbouring islands. The currency of the limit and premium is worth checking as well. An advisor can explain what applies locally.
Related Cover
How It Differs From Other Policies
Public liability is closely related to general liability insurance, which can bundle it with products and completed-work cover. Businesses that make or sell goods may also want to read about product liability. Employees injured at work are usually addressed by workers’ compensation rather than public liability.
Contact Us
You can speak with an advisor about your business and how the public interacts with it. An advisor can explain what a policy may look like and compare options from insurers. Request a call back or call +1 721 542 5078.
Frequently asked questions
What may public liability insurance cover?
Depending on the policy, it may help pay for injury to members of the public and damage to their property caused by a business, plus legal defence costs. It does not usually cover a business's own employees, who are typically dealt with under workers’ compensation.
Is public liability the same as general liability?
They overlap. General liability policies often bundle public liability with products and completed-work cover. An advisor can explain which wording may fit a particular business.
Do businesses in St. Maarten need public liability insurance?
Whether it is required can depend on the type of business, its premises and any contract or licence involved. Landlords, clients, event organisers or authorities may ask for evidence of cover, so it may be worth checking early. A legal adviser or the relevant authority can confirm what applies, and an advisor can explain how a policy may fit.
Does public liability apply to a business with customers from the cruise ships?
It can be relevant, because shops, restaurants, bars and tour operators near the cruise port may host many visitors. Whether a claim by a visitor is covered depends on the insurer and policy wording, including where the incident happened and where cover applies. An advisor can talk through these points.
How much public liability cover should be considered?
It depends on factors such as how many people visit, the kind of work done and any minimum a landlord, client or event organiser asks for. An advisor can talk through how a limit relates to the risks involved.
Is public liability available on the French side (Saint-Martin) as well as in St. Maarten?
The Enterprise Insurance offices are in Philipsburg and Cole Bay on the Dutch side. Insurers, rules and supervision differ between Sint Maarten and Saint-Martin, so availability depends on where the person, property or business is located and on the insurer. An advisor can explain what may be possible and whether a French-side insurer or intermediary is needed.
Last reviewed by the Enterprise Insurance team, St. Maarten. This website gives general information about insurance. It is not personal advice, a recommendation or an offer of cover. Terms, limits, exclusions and availability depend on the insurer and the policy wording.
Insurers an advisor may approach
Depending on the type of cover, an advisor may request quotes from insurers such as NAGICO, ICWI, Gulf Insurance, Ennia, Caribbean Alliance Insurance and Guardian Group. Which insurers can quote depends on the risk.
Contact Enterprise Insurance
If you would like to talk through your insurance needs, you can call or visit one of the offices in Philipsburg or Cole Bay, or request a call back using the form. An advisor can discuss your situation, explain how different types of cover work and answer questions about policies you already have. What suits you depends on your own circumstances.
- PhilipsburgIllidge Road #60, Philipsburg
- Cole Bay69 Welfare Road
- Call us +1 721 542 5078+1 721 544 3050
Request a Call Back
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