Garret Murai | California Construction Law Blog First things first. Happy New Year! Hope you had a good one. To start things off in the new year we’ve got an employment-related case for you – Gonzalez v. Mathis, 12 Cal.5th 29 (2021) – a California Supreme Court case involving the Privette Doctrine. For those not familiar… Continue reading California Supreme Court Declines Request to Expand Exceptions to Privette Doctrine for Known Hazards
Tag: Privette Doctrine
Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards
Krsto Mijanovic, Jeffrey C. Schmid and John M. Wilkerson | Haight Brown & Bonesteel In Gonzalez v. Mathis (2021 WL 3671594) (“Gonzalez”), the Supreme Court of California held that a landowner generally owes no duty to an independent contractor or its workers to remedy or adopt other measures to protect them against known hazards on the premises.… Continue reading Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards
California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”
Tracy D. Forbath | Lewis Brisbois Bisgaard & Smith In Gonzalez v. Mathis (Aug. 19, 2021, S247677) __ Cal.5th___, the California Supreme Court reversed an appellate decision holding that a landowner may be liable to an independent contractor, or the contractor’s workers, for injuries resulting from “known hazards,” as running contrary to the Privette doctrine. In Gonzalez, the contractor, who… Continue reading California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”
Alarm Cries Wolf in California Case Involving Privette Doctrine
Garret Murai | California Construction Law Blog | April 17, 2019 It’s one of the most quoted phrases in legal history: “Shouting fire in a [crowded] theater.” It comes from the U.S. Supreme Court’s landmark 1919 decision in Schenck v. U.S. and has come to stand for the proposition that not all speech, in particular dangerous speech, is… Continue reading Alarm Cries Wolf in California Case Involving Privette Doctrine
In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Garret Murai | California Construction Law Blog | March 21, 2018 We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here and here. We’ve also talked about some of the exceptions to the Privette doctrine, including the non-delegable duty doctrine and the negligent… Continue reading In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine