Real Estate
Apr. 8, 2024
The fall of the Privette doctrine in landlord-tenant relationships
In Ramirez v. PK, the 1st District Court of Appeal ruled that the Privette doctrine is inapplicable in landlord-tenant relationships. The dissenting justice disagreed, arguing that the Privette doctrine should apply in situations where a lease requires work to be done on the property and the parties contemplate the work being performed by an independent contractor.
Garret D. Murai
Partner, Nomos LLP
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
We've talked a fair bit in this column about the Privette doctrine which provides for a rebuttable presumption that a hirer is not liable for workplace injuries sustained by employees of hired parties.
We've also talked about its two exceptions: (1) The Hooker exception which provides for liability if the hirer retained control over the work being performed, negligently exercised that...