Is a contractor liable to third parties for injuries caused by the contractor's negligence in performing the work?

California, United States of America


The following excerpt is from Srithong v. Total Investment Co., 23 Cal.App.4th 721, 28 Cal.Rptr.2d 672 (Cal. App. 1994):

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. (Privette v. Superior Court, supra, 5 Cal.4th at [23 Cal.App.4th 726] p. 693, 21 Cal.Rptr.2d 72, 854 P.2d 721.) Over time, the courts have developed various exceptions to this general rule of nonliability, such as the peculiar risk doctrine pertaining to contracted work which poses some inherent risk of injury to others. (Ibid.) 4

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