Background Professional liability: liability risks of freelancers and self-employed



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We are moved by the idea to make the world of work more human - without constant pressure for efficiency, stress and fear. As Publisher Best of HR - Berufebilder.de® with podcast, eLearning-on-demand offers and news service we share 15 years of experience with our customers (Samsung, Otto, state institutions). By the Top20 female blogger and consultant Simone Janson, referenced in ARD, ZEIT, Wikipedia .
Disclosure & Image Rights: Exali has financially supported our work. In addition, our professional liability insurance is managed by Exali. Artwork created as part of a free collaboration with Shutterstock.Artwork created as part of a free collaboration with Shutterstock. ,

The golden times of the craft are over. Anyone who dares to take the step into self-employment today will increasingly do so in the "new occupations". For example, in the IT, creative or consulting industry. As exciting as these new fields of activity are, the liability situation has become so complex in the meantime. This underestimates many, as well as the gaps of the professional indemnity offerer in the scope of insurance.

Background Professional liability: Liability risks of freelancers and self-employed liability risks

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Here writes for you: Ralph Günther is an insurance expert and founder as well as managing director of exali.de. Profile

Personal liability mercilessly underestimated

Overview

The start-up boom in Germany continues: More and more experts are taking the step into self-employment, startups and Company enter the market with innovative concepts and new services. For example, at the beginning of 2013 there were around 1,23 millions of self-employed in Germany, as the statistics portal Statista shows. By comparison, ten years ago it was just 533.000.

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But no matter whether start-up founder or "old hand" in the self-employed business: In my damage practice I notice again and again that the personal liability is mercilessly underestimated, if it comes through mistakes in connection with the professional activity to the damage.

Risk through legal and contractual liability

Overview

However, the fact that the customer or third parties can take the independent service provider in the event of liability or recourse in the event of liability or recourse results from the statutory provisions - in particular the liability law in the BGB. Anyone who inflicts damage (personal injury, property or property damage) to another person is legally responsible by law.

In addition, there are the risks arising from the contractual requirements of project brokers and contracting entities, who must often be accepted by the freelancer in a highly competitive market. They offer the possibility to use the freelancer on the basis of contractual agreements and performance claims, which can go beyond the legal liability (visibility: aggravation of liability).

Damage examples from the IT, creative and consulting practice

Overview

The scope of the possible risks is also illustrated by the following:

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Self-marketing went backwards:

Overview

Because she published a protected word mark as a slogan on the business platform XING, a freelancer from the media area fluttered into the house with a warning. Provisional dispute: 100.000 Euro.

Consulting without success:

Overview

Because the analyzes and recommendations of a freelance consultant did not lead to the desired success for his client, the client was charged with 70.000 Euro for the missing project supplement.

Total loss:

Overview

Due to a small mishap when working in the system, an independent IT expert paralyzed his customer's cash register system. For one hour, 400 stores lost nothing - a loss of around 200.000 Euro lost sales.

What you can do about it and what you have to pay attention to, you will learn in the second part of my post, which I will publish here next week. ?

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  1. Josefine Novik

    Just thanks for this blog!

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