Toland v. Sunland Housing Group, Inc.

Opinion

KENNARD, J,

Under the doctrine of peculiar risk, a person who hires an independent contractor to do inherently dangerous work can be held liable for tort damages when the contractor causes injury to others by negligently performing the work. The doctrine serves to ensure that innocent bystanders or neighboring landowners injured by the hired contractor’s negligence will have a source of compensation even if the contractor turns out to be insolvent. As we explained in Privette v. Superior Court (1993) 5 Cal.4th 689, 694 [21 Cal.Rptr.2d 72, 854 P.2d 721] (Privette), courts created the…