In this personal injury action brought by a contractor’s employee who fell through the roof of the defendant’s warehouse, the Court of Appeal granted the warehouse owner writ relief and directed the trial court to enter summary judgment in favor of the owner. In doing so, the court expanded the reach of the Privette doctrine, which generally precludes personal injury claims asserted by contractors’ employees against those who hire contractors. (Privette v. Superior Court (1993) 5 Cal.4th 689.)
Citing Ramirez v. PK I Plaza 580 SC LP (2022) 85 Cal.App.5th 252, the trial court denied the warehouse owner’s motion for summary judgment on the basis that the contractor was hired not by the warehouse owner, but by the owner’s tenant. According to Ramirez, a defendant may not rely on the Privette doctrine unless the defendant is in the chain of hiring that led to the retention of the contractor.
Expressly disagreeing with Ramirez, the Court of Appeal held that Privette is not limited in its application to those in the chain of hiring, but may be asserted by anyone that is in the chain of delegation leading to the retention of the contractor. Thus, a landlord whose tenant retains a contractor is protected by the Privette doctrine no less than the tenant itself because in hiring the contractor, the tenant presumptively delegates to the contractor responsibility for ensuring the safety of the contractor’s own employees.
Horvitz & Levy represented Schurman Family Company on appeal.
