Kinsman v. Unocal Asbestos case: Discussion on the Privette Doctrine

Read the first section of the discussion in the Kinsman v. Unocal asbestos case, where the Privette case is discussed.

Our discussion begins with a review of Privette and its progeny. In Privette, a roofing contractor was responsible for installing a new tar and gravel roof on a duplex. An employee was injured transporting five gallon buckets of hot tar up to the roof on a ladder, not using the kettle and pumping device previously employed.

The employee sought workers’ compensation benefits, but also sued in tort the owner of the duplex who had hired the contractor for whom the employee worked, although the owner was not present during the roofing process and did not participate in the contractor’s decision to have the employee hand carry the buckets.

The employee eventually focused on a single theory of liability, that “because of the inherent danger of working with hot tar, [the owner] should, under the doctrine of peculiar risk, be liable for injuries to [the employee] that resulted from [the contractor’s] negligence.”

Courtesy of http://www.courtinfo.ca.gov/opinions/archive/S118561.PDF

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