Supreme Court Amicus Curiae Brief Filed in Bailey v. Schaaf Addressing Landlord’s and Property Management Company’s Duty to Prevent Criminal Attacks Upon Tenants and their Guests

Attached is the amicus curiae brief I wrote and filed in the Michigan Supreme Court on Friday, November 30, 2012, concerning the issues to be addressed by the Court in the near future.  Oral argument has not been set.

The case is Bailey v. Schaafet al., Supreme Court Docket No. 144055.  The question being addressed by the Court is whether landlords and property management companies have a duty to prevent or otherwise respond to potential criminal acts or assaults perpetrated on their tenants and their guests.  The Court is considering whether to extend the ostensible duty articulated in MacDonald v. PKT, Inc., 464 Mich. 322 (2001), “to involve the police when a situation on the premises poses an imminent risk of harm to identifiable invitees…to landlords and other premises proprietors, such as the defendant apartment complex and property management company.”

The outcome of this case will have significant impact on commercial and residential property owners, property management companies, and their insurers.

If anyone has any questions concerning this case, please do not hesitate to call or e-mail me.  Thanks, Carson

Here is the brief:

Amicus Curiae Brief for MDTC in Bailey v. Schaaf, Supreme Court Docket No. 144055

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