May 11, 2020

Alaniz v. Sun Pacific Shippers, L.P. (2020) 48 Cal.App.5th 332

Under California’s longstanding Privette doctrine, a landowner that hires an independent contractor is generally not liable for injuries to the contractor’s employees.

In this case, the Court of Appeal reversed a personal injury judgment against a landowner due to the trial court’s failure to instruct the jury on Privette’s rule of nonliability. The Court of Appeal held that the standard instructions on negligence and premises liability given to the jury incorrectly stated the law, because they omitted essential elements that plaintiffs had to prove to overcome Privette. Rejecting plaintiffs’ contention that the landowner’s claim of instructional error had been waived, the Court of Appeal explained that the trial court had a duty to instruct the jury on the applicable law regardless of whether the landowner requested a Privette instruction.

Horvitz & Levy represented Sun Pacific Shippers, L.P. in its successful appeal.