Eylander v. Prologis Targeted U.S. Logistics Fund (Majority and Concurrence)
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In this case, the Supreme Court of the State of Washington was asked to determine whether a landowner could delegate its duty to protect invitees on its premises from known or obvious dangers to an independent contractor. The case arose from the death of Jeffry Eylander, an employee of an independent contractor, Commercial Industrial Roofing Inc. (CIR), who fell through a skylight while cleaning the roof of a warehouse owned by Prologis Targeted U.S. Logistics Fund and Prologis Management LLC (collectively, Prologis). Eylander's daughter, as personal representative of his estate, sued Prologis for wrongful death, alleging that Prologis had breached its duty of reasonable care to protect Eylander from harm.
The Court held that Prologis had reasonably delegated its duty of reasonable care to protect invitees from known or obvious dangers to CIR. The Court found that Prologis had fulfilled its duty by selecting a professional and experienced contractor, CIR, and by requiring CIR to follow all applicable laws, be solely responsible for the health and safety of its employees, and create and post a site-specific safety plan before starting work. Therefore, the Court affirmed the lower court's grant of summary judgment in favor of Prologis.
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