Retention of Control Rebuts Presumption That Safety Was Delegated to Contractor

A California appellate court said a mall owner may have exercised affirmative control over aspects of an electrical system upgrade project in a way that rebuts the presumption under the Privette doctrine that independent contractors are generally responsible for ensuring safe workplaces. One of the crews working on a project at Westfield Topanga in Canoga Park was limited to working at night when the mall was closed. The crew was required to have all work materials put away before the mall opened in the morning. It was also required to follow a specific process of layering cardboard, plywood ...