header-construction-lawsSome strong cases extending the 1993 “Privette doctrine”,  Privette v. Superior Court (1993) 5 Cal.4th 689, holding that if an independent contractor’s employee is injured on the job and subject to workers’ compensation coverage, he cannot seek recovery of tort damages from someone who hired the contractor, but did not cause the injury, have been expanded.  Plaintiffs still will try to show that the hirer retained control over the cause of the accident.  But these cases  help refute many of plaintiff’s arguments such as: Continue Reading Cases helping General Contractors, Developers and Property Owners to avoid liability for injuries to subcontractors

construction-law“ Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” (SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594.) This rule has been known as the “Privette doctrine” since 1993 when the Supreme Court decided Privette v. Superior Court (1993) 5 Cal.4th 689, holding that when an independent contractor’s employee is injured on the job and thus subject to workers’ compensation coverage, he cannot seek recovery of tort damages from someone who hired the contractor, but did not cause the injury. Thus, a roofing employee injured carrying buckets of hot tar up a ladder could not sue the property owner for injuries compensable under the workers’ compensation system.  But there are some exceptions:

Continue Reading General Contractor’s still “generally” not liable for their sub’s employee’s injuries (“Privette Doctrine” Remains)