In Privette v. Superior Court (1993) 5 Cal 4th 689, the California Supreme Court held that the hirer of a contractor cannot be vicariously liable for on the job injuries sustained by a contractor's employee resulting from a peculiar risk inherent in the work. In this case, the Supreme Court was asked to resolve a conflict between two appellate courts as to whether Privette also applies when the injured person is an independent contractor.
Defendant Fillner Construction, Inc. (Fillner) was the general contractor on a gas station project. Fillner contracted with Lane Supply to install a canopy at the project site. Ultimately, through subcontracts, Plaintiff Jeffrey Tverberg was hired to actually erect the canopy. At the same time, another subcontractor, Alexander Concrete, was hired to erect eight "bollards, " concrete posts intended to prevent vehicles from colliding with fuel dispensers. As Tverberg began his work to erect the canopy; Alexander started its' job by digging holes for the bollard footings. Tverberg was aware of the presence of the holes and had asked others to cover them up. On his second day on the job, Tverberg fell into one of the holes and was injured.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.