In some situations, an employee of a subcontractor on a worksite might be able to file a lawsuit against the employer of another worker who injures them through third-party liability. However, the California Supreme Court has previously held that a company that hires an independent contractor is generally not liable to third parties injured because of the contractor’s negligence while working. In CBRE v. Superior Court of San Diego County, Cal. Ct. App. Case No. D083130, the Court of Appeal decided whether a worker who was injured on a worksite could file a lawsuit against the company that hired the general contractor that subcontracted with the worker’s employer when the worker was shocked by a live wire.
Factual and Procedural Background
Jake Johnson was an electrical foreman employed by PCF Electric (PCF). Property Reserve, Inc. (PRI) owned an office building that needed renovations to prepare for a new tenant. PRI signed the lease agreement with the new tenant on April 9, 2019, with the move-in scheduled for June 1. CBRE managed the building owned by PRI. PRI accepted a bid by Crew Builders to serve as the general contractor and perform the upgrades, and Crew hired PCF Electric as a subcontractor to perform the electrical work.