Someone Trips at Your Fundraiser. Now What? Understanding Public Liability for NFPs

Three months of planning. Volunteers giving up their weekends. Sponsorships chased, catering sorted, tables decorated. And then, about an hour into the night, someone catches their foot on a cable near the stage and goes down hard.

Broken wrist. Ambulance called. The mood shifts.

A week later — sometimes two — a letter arrives. It's from a solicitor. And suddenly the fundraiser that raised $8,000 for your cause is looking at a legal bill that could dwarf it.

This happens. Not just in theory. It happens to Australian not for profits every year, and the organisations that come out the other side intact are almost always the ones that had proper public liability cover in place before the night went sideways.

So what does public liability actually do?

Strip away the insurance language and it's pretty simple. If someone gets hurt — or their property gets damaged — because of something your organisation did or didn't do, not for profit public liability insurance picks up the tab. Legal costs, compensation, settlement payments. All of it.

Without it, those costs land on your organisation directly. And for a not for profit running on a shoestring, that's not a recoverable situation. We're not talking about a fine. We're talking about the kind of financial hit that forces you to close programs, let go of staff, and in the worst cases, shut down entirely.

The exposures most NFPs don't think about

Fundraising dinners are obvious. But public liability exposure doesn't start and end with ticketed events.

Think about everything your organisation touches in a typical week. Home visits by volunteers. School programs. Community barbecues. Op shop foot traffic. Market stalls. Sessions in hired halls with uneven floors, dodgy lighting, and chairs that have seen better days.

Every one of those situations involves members of the public coming into contact with your organisation's activities. And every one of them carries the possibility — however small — that something goes wrong and someone holds you responsible.

The venue is someone else's? Doesn't always matter. The volunteer wasn't paid? Doesn't matter either. Australian law looks at whether a duty of care existed and whether it was breached. The profit motive — or lack of it — doesn't come into the equation.

Where smaller NFPs get caught

Here's something worth saying plainly: a cheap policy is not the same as adequate cover.

A lot of NFPs, particularly smaller ones, grab whatever public liability cover is easiest to find, pay the premium, and move on. Understandable — there's always something more pressing to deal with. But those policies often have limits that sound reasonable until you're actually facing a claim.

A million dollars of cover sounds like plenty. Then you factor in ongoing medical treatment, lost income, pain and suffering, and legal costs on both sides of the dispute — and it's not quite so comfortable. Many NFPs in Australia are better placed with five million in cover, sometimes more depending on the nature of their work.

The exclusions matter too. Some policies don't cover certain activities. Some have carve-outs for working with children or people with disabilities. Some won't respond to claims arising from events held at third-party venues. You need to actually read the policy, or have someone read it for you who knows what they're looking for.

Volunteers — a separate problem

One thing that catches organisations off guard: public liability insurance covers claims made by members of the public. It doesn't automatically protect your volunteers if they're the ones who get hurt.

Volunteer personal accident cover is a different policy, and it's one a lot of NFPs don't have. If a volunteer injures their back moving equipment at your event, there's no workers' compensation to fall back on — they're not employees. Without specific cover in place, the cost of their treatment and their time off work becomes a grey area that nobody wants to be navigating mid-crisis.

Review it before you need it

The worst time to look at your public liability policy is after something has happened. At that point you're reading it through very different eyes, looking for coverage you're hoping is there.

A proper review — done with someone who actually knows NFP insurance, not just general business cover — takes a couple of hours at most. It's worth every minute of it.

ACS Financial has spent more than 30 years working with Australian not for profits, charities, and faith-based organisations. They know the specific liability risks that come with NFP work — and they know where the gaps tend to hide in standard policies. If you want to make sure your public liability cover is actually doing its job, head to their not for profit insurance page for a tailored quote or a free insurance health check.