Tag Archives: Liability

Court of Appeals Clarifies Businesses’ Duty to Protect Customers From Criminal Acts of Third Parties

In Tillman v. Perfect Pitcher Sports Pub (Case No. 328520, Unpublished), the Michigan Court of Appeals issued an opinion addressing the scope of a businesses’ duty to protect its customers from the criminal acts of third parties. In this case, Defendant, Perfect Pitcher Sports Pub, hired Plaintiff to perform as a DJ for the night. […]

Court of Appeals Clarifies Standard of Care that Applies to Participants in Recreational Activities

“A person who engages in a recreational activity is temporarily adopting a set of rules that define that particular pastime or sport. In many instances, the person is also suspending the rules that normally govern everyday life.” If you operate a business that involves any type of recreational activity – golfing, dancing, sailing, swimming, etc […]

EEOC Issues New Enforcement Guidance Regarding Employee Retaliation Claims

From an employer standpoint, one of the worst things that can happen to a business is the breakup of the employer-employee dichotomy. People perform at their best when they believe that their supervisors are both fair and impartial. A culture of support must be adopted, and employees need to feel comfortable in voicing their objections […]

Ownership of Property Alone Not Enough to Find Nuisance Liability

The Michigan Supreme Court in Sholberg v. Truman, held that an owner of real property could not be found liable for public nuisance where someone other than the owner had actual possession of the property, control over the property, and was not the one that created the alleged nuisance. In Sholberg, Ms. Sholberg was killed […]

New Rules Regarding Tax Liability When Purchasing a Business

  A new law now requires that the Michigan Department of Treasury provide a purchaser of a business with the business’ known, or estimated, tax liability within 60 days of requesting this information.  If the Michigan Department of Treasury fails to provide this information within 60 days of the purchaser’s request, the purchaser will not […]

New Developments in Landlord Premises Liability

In a recent decision, Bailey v. Schaff,  the Michigan Court of Appeals issued a landmark ruling concerning the obligations that landlords owe to persons on the landlord’s premises. The Court ruled that a landlord has an obligation to call the police once notified of a dangerous situation. The landlord may be liable for damages to […]

Don’t Sign Away Unrelated Rights on Release Agreements

In all aspects of business and contracting, but especially after a lawsuit has been filed or threatened, one party may approach the other party with a comprehensive release agreement as part of a settlement of the dispute.     A release agreement is a form of contract wherein the party who has allegedly committed the wrong requests […]

Statute of Limitations Set by Contract

Unless the parties agree otherwise, the Statute of Limitations for a breach of contract claim in Michigan is six years.   However, the parties may agree by contract to a shorter limitations period.   A court would not enforce a one day or one week limitations period, but a contractual limitations period as short as one year […]