Construction Accidents

The California law in this area of personal injury practice has changed dramatically over the last twenty years, and continues to evolve today.

Up until the early 1990s, owners or contractors of property under construction, development or repair were liable to workers of subcontractors hired by a general contractor if the injury was caused by a ‘peculiar risk’ of the job. This longstanding law changed when the Supreme Court ruled in Privette v. Superior Court in 1993 that the peculiar risk doctrine was no longer a viable theory, given the remedies available to the injured workers under the state’s worker’s compensation program. This change in the law, however, was not intended to wipe out civil liability remedies where the injured worker’s injuries were caused by a party other than the worker’s employer.

The liability of general contractors/owners has been further evolving through subsequent court decisions imposing liability where the owner/hirer retains some specific control or authority over the subcontractor or the project. In most cases, where a landowner or general contractor maintain authority, or regulate specific conduct, the Privette authority is inapplicable.

In addition to the ‘end-around’ of retained control, the Privette case and its progeny also are inapplicable when a ‘non-delegable’ duty of the landowner or contractor has been breached. Various state or administrative codes require certain precautions on job sites, and those code requirements cannot be delegated, or passed on to subcontractors, to avoid liability. If those codes are violated by the subcontractor, resulting to injury to its employees, the general, or owner, will be civilly liable for the injuries.

While the tendency in the law in this area has been to constrict liability, and consequently recoverable civil damages, to injured workers on construction sites, Pohlson & Moorhead LLP has successfully recovered civil damages for construction site employees in the last several years using theories to diffuse the Privette ruling.Contact the law office of Pohlson and Moorhead for a free no obligation evaluation of your case.