Is there an exception to the general rule where the acts of the subcontractor create a public nuisance and are known to the contractor?

California, United States of America


The following excerpt is from Gardner v. Stonestown Corp., 145 Cal.App.2d 405, 302 P.2d 674 (Cal. App. 1956):

While we have been unable to find in California a case applying the above mentioned exception to the general rule, there are cases here holding that such exception applies where the acts of the subcontractor create a public nuisance and are known to the general contractor. See MacLean v. City & County of San Francisco, 127 Cal.App.2d 263, 273 P.2d 698. Logically there is no difference between a situation created by a subcontractor known to the general contractor and dangerous to third persons, which amounts to a public nuisance, and a similar situation which, while dangerous to third persons, does not amount to a public nuisance.

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