Michelle MacDonald

Michelle MacDonald is a partner with Gray Duffy LLP.

The current emphasis on delegation, and particularly the strong presumption that the hirer has delegated all workplace safety related to the independent contractor’s scope of work, makes Privette a very effective argument on behalf of property owners and general contractors.

Evolution and Broadening Scope of the Privette Doctrine

Approximately 30 years ago, the California Supreme Court held in the case of Privette v. Superior Court (1993), that a homeowner should not be liable for the injuries incurred by the employees of independent contractors retained to repair the homeowner’s