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Imminence is Key: Hotel Receptionist Had No Duty to Protect Plaintiff from Potential Future Criminal Activity

Premises Liability / January 15, 2019

The Michigan Court of Appeals recently examined longstanding case law pertaining to duties owed by premises owners for criminal activity on the premises. Relying on MacDonald v PKT, Inc, 464 Mich 322, 334 (2001), the Court in Emanuel v Days Inn of Port Huron, et al, Docket No. 339491 held that a hotel receptionist had no duty to protect Plaintiff from potential future criminal activity. In order for a duty to arise, there must be an imminent threat of harm. In addition, the Court underscored the importance of properly using affidavits to clarify, not contradict, prior deposition testimony.

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