Privette Doctrine Attorney

Workplace injuries in California can be particularly challenging for independent contractors, especially when navigating the complexities of the Privette Doctrine. If you or a loved one has been injured while performing contract work, understanding your rights under this legal framework is essential. At Greenberg and Ruby Injury Attorneys, we have the expertise, resources, and dedication to help you secure the compensation you deserve.

Why Choose Greenberg and Ruby Injury Attorneys?

Led by Emily Ruby, a distinguished trial attorney and recipient of numerous accolades such as the 2024 “Best in Law” and 2022 “Women in Law” awards, our firm has a proven track record in advocating for injured workers. We have secured over $700 million in compensation for our clients with an impressive 97.4% success rate. Emily is a graduate of the prestigious CAALA Trial Academy, a writer for Advocate Magazine, and was selected as one of Forbes' Best Wrongful Death Lawyers. She litigates and, when necessary, tries cases to verdict, ensuring her clients' voices are heard in the courtroom.

Emily's passion for justice was inspired by the story of Erin Brockovich, which fueled her commitment to stand against corporations that harm people and the environment for profit. A cum laude graduate of the University of California, Emily combines her sharp legal acumen with a genuine dedication to her clients.

What Is the Privette Doctrine?

The Privette Doctrine, established by the California Supreme Court in 1993 (Privette v. Superior Court), limits the liability of those who hire independent contractors for workplace injuries sustained by the contractor's employees. The doctrine's rationale is that independent contractors, not the hiring party, are responsible for workplace safety.

However, the Privette Doctrine is not absolute. Exceptions exist where injured workers can seek additional compensation beyond workers' compensation benefits. Navigating these exceptions requires a seasoned Privette Doctrine injury lawyer who understands the nuances of California law.

Exceptions to the Privette Doctrine

1. Retained Control (Hooker Exception)

Under the Hooker exception (Hooker v. Department of Transportation, 2002), a hiring party may be held liable if they retain control over the contractor's work and their actions directly contribute to the injury. General oversight is not enough—the hirer must have actively directed the contractor's actions in a way that increased risk.

Example: In the Ahern Rentals case (2020), the court emphasized that retained control must involve specific actions by the hirer that directly contributed to the injury. If a property owner or contractor actively creates unsafe working conditions, they may be held accountable.

2. Unsafe Equipment (McKown Exception)

The McKown exception (McKown v. Wal-Mart Stores, Inc., 2002) applies when the hiring party provides unsafe equipment or fails to address known risks. Even if the contractor uses their own tools, the hiring party can be liable if their actions create dangerous conditions.

Example: In the Seabright Insurance case, the hirer's failure to mitigate a known peculiar risk associated with the contractor's work led to liability. This precedent demonstrates that even indirect contributions to unsafe working conditions can result in accountability.

3. Concealed Hazards (Kinsman Exception)

The Kinsman exception (Kinsman v. Unocal Corp., 2005) applies when a hiring party fails to disclose hidden dangers on the property. Even if the hazard is not immediately obvious, the hirer's knowledge of the risk and failure to warn the contractor can establish liability.

Example: A subcontractor injured due to an undisclosed structural hazard during a residential construction project may pursue compensation under this exception. This includes instances where the property owner knowingly concealed hazards that directly contributed to the contractor's injury or death.

How Greenberg and Ruby Can Help

At Greenberg and Ruby Injury Attorneys, we specialize in uncovering the facts and building strong cases for our clients. Our team investigates key factors such as:

Did the hiring party retain control over the contractor's work?
Were unsafe conditions or equipment provided?
Were any hazards concealed from the contractor?

We also challenge unjust summary judgments and hold negligent parties accountable, leveraging recent case law and industry standards such as Cal/OSHA regulations to strengthen your claim. Our firm's meticulous approach ensures that no detail is overlooked.

Why California Workers Need an Experienced Privette Doctrine Attorney

California's construction industry employs over 700,000 workers, with independent contractors comprising a significant portion. Data from the California Department of Industrial Relations indicates that construction-related fatalities accounted for nearly 20% of workplace deaths in recent years, highlighting the dangers contractors face daily.

Injuries often occur due to unsafe conditions, concealed hazards, or negligence by hiring parties. Navigating the Privette Doctrine can leave injured workers feeling powerless. Having an experienced California Privette Doctrine lawyer is essential to maximize your recovery and hold negligent parties accountable.

The Importance of Early Legal Intervention

Time is of the essence in Privette Doctrine cases. Early legal intervention allows for the preservation of evidence, identification of liable parties, and timely filing of claims. At Greenberg and Ruby, we:

Conduct thorough investigations to uncover retained control or concealed hazards.
Work with industry experts to analyze safety violations and Cal/OSHA compliance.
Develop compelling arguments to counter defenses such as summary judgment motions.

Our goal is to provide comprehensive representation, ensuring that every avenue for compensation is pursued.

Schedule a Consultation with Emily Ruby

If you've been injured as an independent contractor or employee of a contractor, don't navigate the legal system alone. Emily Ruby and her team at Greenberg and Ruby Injury Attorneys are here to help. With decades of combined experience, a deep understanding of California's Privette Doctrine, and a proven record of success, we are committed to fighting for justice on your behalf.