Skip to main content
A Better Partnership
August 02, 2013

MSC holds that a landlord has a duty to expedite police involvement

In Bailey v Schaaf, the Michigan Supreme Court held that a landlord has the duty to expedite police involvement when the landlord has notice of criminal activity that poses a risk of imminent and foreseeable harm to an identifiable tenant or invitee. In this case, two security guards, hired by the landlord, allegedly ignored warnings that a person on the property was threatening others with a gun at an outdoor gathering. The gunman shot and injured the plaintiff, who subsequently brought multiple claims against the landlord, the security company, and others, on theories of premises liability, negligence, breach of contract and vicarious liability. The MSC reasoned that landlords have a duty to expedite police involvement because the common law recognizes a special relationship between a landlord and its tenants and their invitees. This special relationship is predicated on the landlord's control over the common areas. Accordingly, a landlord has a duty to respond when put on notice of "a specific situation occurring on the premises that would cause a reasonable person to recognize a risk of imminent harm to an identifiable invitee." The MSC explained, however, that this duty is limited to areas that are within the landlord's control, and it does not extend to the tenants' leaseholds.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset