Self-employed contractor cannot hold hirer vicariously liable for job injuries

  Tuesday, July 13th, 2010 Source: Insurance Journal

Property owners who hire independent contractors are not vicariously liable for on-the-job injuries to the contractor's employees, the California Supreme Court has ruled. The state high court extended the decision in Privette v. Superior Court (Privette doctrine) and said those injuries "are covered by workers' compensation insurance, the cost of which is generally included in the contract price for the project." According to court documents in Jeffrey Tverberg et al., v. Fillner Construction Inc., Fillner Construction Co. was the general contractor (GC) for the expansion of a commercial fuel facility operated by Ramos Oil Co. in Dixon, Solano County, Calif. To do its work, Fillner hired subcontractor Lane Supply, which delegated the work to Perry Construction Co., which then hired Jeffrey Tverberg.

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