In the 2001 case of MacDonald v PKT, Inc, 464 Mich. 322 (2001), the Michigan Supreme Court ruled that merchants have a limited duty to contact the police in situations where there is a risk of imminent and foreseeable harm to an identifiable invitee. In a recent split decision, Bailey v Schaff, 494 Mich. 595 (2013), the Court extended this limited duty to landlords. This decision is likely to result in increased litigation against landlords and property managers, and will cause them to rethink how (and if ) they choose to monitor their common areas.
Under the facts of the Bailey case, the plaintiff suffered two gunshot wounds, rendering him a paraplegic, while attending a barbeque in the common areas of the Evergreen Regency Townhomes, LTD ("Evergreen") apartment complex. The Evergreen complex's management company had contracted with a security firm, Hi-Tech Protection ("Hi-Tech"), to provide security services for the complex. Prior to the shooting, an Evergreen resident informed the Hi-Tech security guards...
