Posts from the ‘Privette’ category

Just Because You Can, Doesn’t Mean You Should. The “Retained Control” Exception to the Privette Doctrine

Eating an entire bag of “family” sized potato chips in one sitting. Guilty. Binge watching the entire new season of Black Mirror over a weekend. Guilty.…

Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard

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…

Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine

Don’t drink and drive people. I mean seriously. It’s been over 40 years since California native Candace Lightner formed Mothers Against Drunk Driving in 1980 after…

The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site

You don’t often hear about workers being attacked by ne’er-do-wells on a construction project. But, as they say, shite happens . . . Construction contracts often…