Tverberg v. Fillner Construction, Inc.

Opinion

KENNARD, J.

We granted review to resolve a conflict in the Courts of Appeal regarding the implications of our decision in Privette v. Superior Court (1993) 5 Cal.4th 689 [21 Cal.Rptr.2d 72, 854 P.2d 721] (Privette). That case holds that the hirer of an independent contractor is not vicariously liable to the contractor’s employee who sustains on-the-job injuries resulting from a special or peculiar risk inherent in the work. Those injuries, Privette explained, are covered by workers’ compensation insurance, the cost of which is generally included in the contract price for the project.…