Tverberg

We granted review to resolve a conflict in the Courts of Appeal regarding the implications of our decision in Privette v. Superior Court (1993) 5 Cal.4th 689 [ 21 Cal.Rptr.2d 72 , 854 P.2d 721 ] (Privette). That case holds that the hirer of an independent contractor is not vicariously liable to the contractor’s employee who sustains on-the-job injuries resulting from a special or peculiar risk inherent in the work. Those injuries, Privette explained, are covered by workers’ compensation insurance, the cost of which is generally included in the contract price for the project. (Id. at pp. 697-698.)

Here, after getting injured at a construction jobsite, an independent contractor hired by a subcontractor sued the general contractor. The trial court granted summary judgment for defendant general contractor. The Court of Appeal reversed. It held that Privette, supra, 5 Cal.4th 689, precludes recovery only when jobsite injuries are subject to mandatory coverage under California’s workers’ compensation system, which is not the case when the injured person is an independent contractor. The court expressly disagreed with the Court of Appeal in Michael v. Denbeste Transportation,…