Legal Opinion · Dissent

Bailey v. Schaaf

Michigan Supreme Court

Decided July 30, 2013No. Docket 144055Published

1DissentMarkman, J.

In MacDonald v PKT Inc, 464 Mich 322; 628 NW2d 33 (2001), this Court held that a merchant has a common-law duty under limited circumstances to “aid or protect” a patron or invitee from third-party criminal conduct. At issue in the instant case is whether this Court should now alter the common law and impose a similar legal duty on a residential landlord to “aid or protect” tenants and their social guests from third-party criminal conduct. Because longstanding common-law rules should not be altered absent compelling reasons for such alteration, and because the majority opinion has provided no…

2Cases cited24 opinions

  1. Moning v. AlfonoMichigan Supreme Court · 1977
  2. Placek v. City of Sterling HeightsMichigan Supreme Court · 1979
  3. Kansas v. ColoradoSupreme Court of the United States · 1907
  4. Hoffner v. LanctoeMichigan Supreme Court · 2012
  5. Williams v. Cunningham Drug Stores, IncMichigan Supreme Court · 1988

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API