· 7/19/1993
Privette v. Superior Court
Citations
- 854 P.2d 721
- 5 Cal. 4th 689
- 21 Cal. Rptr. 2d 72
- 93 Cal. Daily Op. Serv. 5492
- 58 Cal. Comp. Cases 420
- 93 Daily Journal DAR 9259
- 1993 Cal. LEXIS 3428
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- refusing to extend the peculiar risk doctrine to employees of contractors who may collect workers' compensation and citing cases showing that this is the majority position
- applying the inherently dangerous exception to employees of independent contractors \produces the anomalous result that a non-negligent person's liability for an injury is greater than that of the person whose negligence actually caused the injury\
- overruling Woolen v. Aerojet General Corporation, 369 P.2d 708 (Cal. 1962)
- same standards and presumption apply in civil actions where state constitution guarantees right to a civil jury and statute regarding substitution of alternate jurors in civil cases was the same as that governing substitutions in criminal cases
- “Under the peculiar risk doctrine, a person who hires an independent contractor to perform work that is inherently dangerous can be held liable for tort damages when the contractor’s negligent performance of the work causes injuries to others.”
- explaining the doctrine of non-liability of hirers
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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