(Download) "Privette V. Superior Court Of Santa Clara County" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: Privette V. Superior Court Of Santa Clara County
- Author : Supreme Court Of California
- Release Date : January 19, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Under the peculiar risk doctrine, a person who hires an independent contractor to perform work that is inherently dangerous can be held liable for tort damages when the contractor's negligent performance of the work causes injuries to others. By imposing such liability without fault on the person who hires the independent contractor, the doctrine seeks to ensure that injuries caused by inherently dangerous work will be compensated, that the person for whose benefit the contracted work is done bears responsibility for any risks of injury to others, and that adequate safeguards are taken to prevent such injuries. Courts differ, however, on the propriety of extending the doctrine to the contractor's own employees. A minority of jurisdictions, including California, have permitted such employees to seek recovery from the person who hired the contractor. But the decisions of this court by which the minority rule has become established in California have never addressed the potential conflict between the peculiar risk doctrine, as applied in favor of the contractor's employees, and the system of workers' compensation. Today, this court for the first time directly confronts this issue.
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