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.…

The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

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…

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…

Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned

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),…

Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships

We’ve talked a fair bit about the Privette doctrine which provides for a rebuttable presumption that a hirer is not liable for workplace injuries sustained by…

Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine

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…

A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

“The wheels of justice turn slowly, but grind exceedingly fine” – Plutarch And grind they do . . . slowly. For long time readers of the…

Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

We’ve talked about the Privette doctrine before (see here, here, and here). The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in…

Posts tagged ‘Hooker’