Bayan Salehi Pens Article on Privette Doctrine for The Daily Journal

San Diego Associate Bayan Salehi authored an article for the Daily Journal, covering the nuances that courts consider when evaluating potential exceptions after a significant court decision on the Privette doctrine, and the key takeaways for property owners, managers, contractors, and insurance carriers. This doctrine was established by the California Supreme Court on the premise that the independent contractor, rather than the property owner, is primarily responsible for the workplace safety of its employees.

In CBRE v. Superior Court, an electrician employed by a subcontractor hired by the general contractor was injured while working on construction project in a building managed by CBRE. The court ruled in favor of CBRE and shielding them from liability despite the absence of a formal written contract and the required permits. The Privette doctrine applies once the hirer delegates control over the worksite to the contractor, even if done informally. This decision reinforces the strong protections provided to property owners by the doctrine, but owners should still exercise caution in their interactions with contractors to avoid potential liability under the doctrine's exceptions, particularly when it comes to safety-related decisions.

Bayan Salehi is a member of the Construction Defect, Construction Law, and Insurance Coverage / Bad Faith teams. He has experience defending clients and carriers in all aspects of insurance defense including but not limited to construction-related matters, complex commercial litigation, general negligence, premises liability, products liability, and catastrophic injury cases. Mr. Salehi has also represented California employers in both single-plaintiff and class/representative actions, as well as providing advice and counsel for drafting handbooks, standalone policies and procedures, and contracts.

You may access the informative article here (subscription required).