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Horvitz & Levy is a solutions-based firm focused on appellate success. We are distinguished by our commitment to responsive service and on-going innovation in the areas of civil appellate litigation, amicus curiae support, and trial strategy consultation.

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Horvitz & Levy LLP successfully represented general contractor Fillner Construction, Inc. in this personal injury action in which the California Supreme Court held that one who hires a self-employed contractor cannot be held vicariously liable to the contractor for injuries caused by the contractor’s negligence during the performance of his work. The court reasoned that a self-employed contractor has authority to determine the manner in which inherently dangerous work is to be performed and thus assumes legal responsibility for carrying out the contract work, including implementation of workplace safety precautions. Having assumed responsibility for workplace safety, a self-employed contractor may not claim that the hirer is vicariously liable for injuries resulting from the contractor’s failure to effectively guard against risks inherent in the contract work.

In reaching its decision, the court extended the scope of a series of cases beginning with Privette v. Superior Court (1993) 5 Cal.4th 689, in which the court has limited hirer liability to contractors’ employees. Tverberg represents the first decision in which the Supreme Court has held that limitations similar to those applied in the Privette line of cases apply to claims by self-employed contractors.