BAILEY v. SCHAAF

Docket No. 144055. Calendar No. 4.

835 N.W.2d 413 (2013)

494 Mich. 595

BAILEY v. SCHAAF.

Supreme Court of Michigan.

Decided July 30, 2013.


Attorney(s) appearing for the Case

Donald M. Fulkerson , Westland, and David A. Robinson , Irvine, for Devon Scott Bailey.

Pedersen, Keenan, King, Wachsberg & Andrzejak, P.C., Commerce Township, (by Thomas E. Keenan ) and Gary P. Supanich PLLC (by Gary P. Supanich , Ann Arbor), for T.J. Realty, Inc., d/b/a Hi-Tech Protection, Timothy Johnson , Captain William Boyd Baker , Christopher Campbell , Evergreen Regency Townhomes, Ltd. and Radney Management & Investments.

Charfoos & Christensen, P.C., Detroit (by David R. Parker ), for Michigan Association for Justice.

Lacy & Jones, LLP (by Carson J. Tucker , Farmington Hills ), for the Michigan Defense Trial Counsel.


YOUNG, C.J.

Our common law has long imposed the same duty of care on landlords and merchants to remedy physical defects in premises over which they exert control. This consistency is premised on the similar degree of control both landlords and merchants exercise over the premises. Where third parties commit criminal acts against tenants and invitees in these controlled areas, landlords and merchants share a similar, albeit lesser, degree of control because of the...

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