During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Generally, a person hiring an independent contractor to perform work is not liable for injuries suffered by the contractor's employees in performing that work under the Privette doctrine. There are two exceptions to this rule. The Kinsman exception which holds a hirer liable if it is a landowner and fails to disclose some tatent dangerous condition of the property to… Read More
Applying Martinez v. Combs (2010) 49 Cal.4th 35 regarding the definition of employer under IWC orders, this decision affirms a summary judgment finding that a bail bond surety company is not the employer of bail bondsmen's fugitive recovery personnel. The surety company did not hire, fire or exercise control over those personnel. The surety company's contracts with the bail bondsmen… Read More
A landowner who hired an independent contractor to work on the roof is not entitled to summary judgment in the contractor’s negligence suit; a question of fact remained as to whether the contractor could reasonably avoid the risk posed by the obvious hazard of an unprotected ledge from which he fell. Read More
An advertiser bears vicarious liability for a telemarketer’s Telephone Consumer Protection Act violations, if the telemarketer was an agent rather than an independent contractor Read More
A defendant meets its initial burden on summary judgment by showing that plaintiff suffered a workplace injury while employed by an independent contractor that defendant hired; plaintiff then bears the burden of producing evidence that defendant retained control over the way the contractor performed its work or over workplace safety. Read More
Committing a senile elderly person to a residential care facility is a "health care" decision, so only a person holding a health care power of attorney may make that decision for the elder; as a result, a facility’s arbitration agreement signed by an agent with only a regular power of attorney was not binding. Read More
"Affiliate" means a person in a dependent or subordinate relationship with another, not just anyone with some sort of connection to the other; so a settlement agreement’s release did not extend to the lessor of released defendants and plaintiff’s suit against that entity could proceed. Read More
