Can a contractor be held liable to third parties for injuries caused by the contractor's negligence?

At common law, a person who hired an independent contractor generally was not liable to third parties for injuries caused by the contractor's negligence in performing the work. [Citations.] Central to this rule of nonliability was the recognition that a person who hired an independent contractor had ' "no right of control as to the mode of doing the work contracted for." ' " (Privette v. Superior Court (1993) 5 Cal.4th 689, 693.) This general rule, however, is subject to exceptions. (Ibid.)

One such exception is the peculiar risk doctrine, which applies when the person who hires the independent contractor knows or should know that the contractor's work is likely to create a peculiar risk of physical harm to others unless special precautions are taken. (Privette v. Superior Court, supra, 5 Cal.4th at p. 695.) A purpose of the doctrine is "to ensure that innocent third parties injured by the negligence of an independent contractor hired by a landowner to do inherently dangerous work would not have to depend on the contractor's solvency in order to receive compensation for the injuries." (Id. at p. 694.) Another purpose is to promote workplace safety by spreading the risk of loss to the person who primarily benefited from the hired work. (Ibid.)

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