Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine

Garret Murai | California Construction Law Blog We’ve written before about the Privette doctrine, which establishes a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. In other words, if a general contractor hires a subcontractor, the subcontractor is solely responsible for the safety of its workers.… Continue reading Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine

Caution to GCs! An Exception to Privette Can Leave You Open to Liability

Dolores Montoya | Bremer Whyte Brown & O’Meara In a recent important decision, Brown v. Beach House Design & Development  the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s… Continue reading Caution to GCs! An Exception to Privette Can Leave You Open to Liability

Who’s Responsible?

The CLM “Go back to work.” Those words from the general contractor precipitated the subcontractor employee’s injury. Still, the general contractor was not liable. In a win for the construction industry, the Court of Appeal ruled in August 2022 that the Privette Doctrine barred subcontractor employees’ injury claims against general contractors. The Privette Doctrine is great for property owners,… Continue reading Who’s Responsible?

California Supreme Court Rejects Third Exception to Privette Doctrine

Brad Vornholt and Joelle Nelson | Lewis Brisbois In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under… Continue reading California Supreme Court Rejects Third Exception to Privette Doctrine

A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

Garret Murai | California Construction Law Blog “The wheels of justice turn slowly, but grind exceedingly fine” – Plutarch And grind they do . . . slowly. For long time readers of the California Construction Law Blog you may recall a case we reported on over three years ago in 2018 – Sandoval v. Qualcomm Incorporated –… Continue reading A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

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