Legal Opinion

Privette v. Superior Court

California Supreme Court

Decided July 19, 1993No. S024758PublishedCited by 206 opinions

1Opinion of the Court

Opinion

KENNARD, J.

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. By imposing such liability without fault on the person who hires the independent contractor, the doctrine seeks to ensure that injuries caused by inherently dangerous work will be compensated, that the person for whose benefit the contracted work is done bears responsibility for any risks of injury to others, and that adequate…

2Cases cited37 opinions

  1. DaFonte v. Up-Right, Inc.California Supreme Court · 1992
  2. Shoemaker v. MyersCalifornia Supreme Court · 1990
  3. Cole v. Fair Oaks Fire Protection DistrictCalifornia Supreme Court · 1987
  4. S. G. Borello & Sons, Inc. v. Department of Industrial RelationsCalifornia Supreme Court · 1989
  5. Chicago City v. RobbinsSupreme Court of the United States · 1863

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3Cited by206 opinions

  1. Cahill v. San Diego Gas & Electric Co.California Court of Appeal · 2011
  2. Wilcox v. BirtwhistleCalifornia Supreme Court · 1999
  3. Kesner v. Superior Court of Alameda CountyCalifornia Supreme Court · 2016
  4. Farmers Insurance Group v. County of Santa ClaraCalifornia Supreme Court · 1995
  5. Kinsman v. Unocal Corp.California Supreme Court · 2005

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