Short answer
An injury on site is often a general liability claim rather than a professional liability claim, even when the person sues your design firm. The general liability policy in force on the date of the injury is usually the one that matters, which may be years before the lawsuit. Professional liability may not be triggered unless the complaint alleges a design error. Your policy wording controls, so report to every policy that might apply.
Why an injury on site can reach a design firm
People hurt on a project tend to sue everyone connected to it. That can include an architect or engineer with no contract with the injured person’s employer and no one on site that day. Many firms assume injury claims can’t happen to them until a complaint arrives.
Two policies are usually involved, and they respond differently:
- General liability generally responds to bodily injury or property damage, and it follows the date of the incident
- Professional liability generally responds to claims alleging errors in professional services, and it follows when the claim is first made
That difference explains most of the confusion in the scenarios below. A fall in one year and a lawsuit three years later can involve two different policy periods.
The scenarios are anonymized composites based on real claim files. Project types and details have been changed.
Five scenarios where an injury claim reached a design firm
Scenario A: A fall from scaffolding
A subcontractor’s worker was badly hurt in a fall on a bank project. He sued several parties, including the architect and civil engineer, who had no contract with his employer. The firm had a short deadline to respond and wasn’t sure whether professional or general liability applied.
When the answer isn’t clear, the safer approach is to report to both carriers right away and let them sort out which one responds.
Scenario B: A sidewalk trip at a public housing project
A pedestrian sued the architect and six others. The professional liability handler said the policy might not be triggered yet because no design error was alleged. The handler asked to be told if the complaint was amended to add one.
The general liability handler took the claim under a reservation of rights and asked whether any staff were on site that day. A reservation of rights means the carrier is handling the claim but hasn’t agreed that everything is covered. It isn’t a denial.
Scenario C: A painted curb, three years later
An injured person sued a property owner and the architect. The principal didn’t think the curb was even in the firm’s scope. The carrier asked the firm to notify the general liability carrier from three years earlier, since that policy was in force on the incident date.
The professional liability policy also had a mediation credit that cut the deductible in half if the claim settled at mediation. Policy features like this vary, so ask your agent whether yours has one.
Scenario D: An electric shock from a fixture
A tenant claimed a shock from a light fixture or outlet. The tenant sued an interior design firm about three years later. The first report went in without attachments, which slowed things down.
Sending the complaint, the contract and any site records with your first report can help your carrier get started sooner.
Scenario E: A GL policy that started after the fall
A firm reported a trip-and-fall only under its professional liability policy. Its current general liability policy turned out to have started after the fall, so the firm had to go back to its prior general liability carrier.
Firms that don’t keep a record of past carriers can lose time here.