Construction
Jul. 16, 2026
The 'retained control' exception under the Privette doctrine
Under the Privette doctrine's "retained control" exception, a general contractor isn't liable for a subcontractor's employee's ladder-fall injuries unless the contractor affirmatively contributed to the unsafe condition, not merely permitted it to exist.
Garret D. Murai
Partner
Nomos LLP
Email: gmurai@nomosllp.com
Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.
As they say, just because you can, doesn't mean you should. The beauty of this saying is its wide application in which you can find a steady stream of examples on YouTube. Just look up "fails." Construction "fails" are no exception.
In Bowen v. Burns & McDonnell Engineering Company, Inc., 103 Cal.App.5th 759 (2024), the First District Court of Appeal examined whether an employ...
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