Garret Murai | California Construction Law Blog In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler:… Continue reading The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
Tag: Privette Doctrine
Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
Garret Murai | California Construction Law Blog The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that a hirer is not liable for workplace injuries sustained by employees of hired parties. In other words, if a property owner hires a contractor, and one… Continue reading Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
Garret Murai | California Construction Law Blog You don’t often hear about workers being attacked by ne’er-do-wells on a construction project. But, as they say, stuff happens . . . Construction contracts often address health and safety issues, as well as site security to protect the improvement, materials, equipment and tools, as well as to… Continue reading The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
Garret Murai | California Construction Law Blog It seems like we’ve been seeing a lot of Privette doctrine cases recently. Here’s another, Brown v. Beach House Design & Development, 85 Cal.App.5th 516 (2002), which provides a cautionary tale for general contractors to watch what they include in their scope of work and how they manage projects. The Beach… Continue reading Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
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