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Getting Kicked Out? (or asked to leave)

DanM

Regular Member
Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
Dean told me that as long as I'm following the law, that I had the right to "peaceable enjoyment" if I got that straight. IMO, if they kicked me out, then I should be able to sue for millions, but I couldn't afford the suit, so they'll probably get away with it.

Again I'll ask: what does your signed, written rental agreement say? Did I miss you mentioning that elsewhere? They clearly have no legal way to kick you out if you are not violating any of the agreement.

The written rental agreement is the first hurdle to be considered.
 
B

Bikenut

Guest
I changed my mind........
 
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stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
Again I'll ask: what does your signed, written rental agreement say?

Maybe this would trip me up.

Only that you agree (under duress) that the rules can change without your consent.

The only reason to ask for millions is to show the value of our rights, our homes, and to send a message to any other apartment or trailer park that would stop this sort of thing from happening to someone else.

Shouldnt matter if I want to wear a re-legalise weed shirt, one of those Jewish hats, a turban, or the female head coverings that Muslim women wear, they shouldn't be regulating how I dress, protect myself, or express my views.
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
I am always amazed at how people make totally inane and flippant comments about a subject they have absolutely no knowledge of. Since I have written articles on this subject it might seem I am biased so I will show others who have written on this coffee subject. They left out the less politically correct facts and gruesome details that the woman's vagina was so badly burned it was fused shut and the be surgically opened. This was because as shown in court McDonalds knew that Machine had been recorded and reported to have boiled the coffee at over 220 degrees. Complaints from employees indicated they had cups collapse from the intense heat of the coffee while being filled burning employees. But here is a far less detailed description of the absolute horrors this poor women went through and didn't have to, but McDonalds ignored yearly burns cases of their coffee causing 2nd and 3rd degree burns on 700 people in a ten year period. This may be for a precious few a lesson that before one opens their mouth they might know at least one actual fact of what they speak, and not media hearsay, and hype. I find it instructive how so many people who claim to hate the lies of the media Parrot other lies of the same media they claim to have utter disgust in if that lie serves them. Hypocrisy is the least of their problems, and utter dishonesty may be the more over riding problem at hand. Ones credibility is based on what one says so let your nays be nay and well you all know the rest...

This is NOT an attack on the person quoted it is in fact an attack on the stupidity hyped by the Media so many people trust. McDonald spent Millions of Dollars on a campaign to ruin this woman who ONLY asked for 100,000.00 to pay her medical expenses and McDonalds refused! I only posted it here as it was mentioned in this post.

Remember the Media is a BUSINESS who makes money selling Mc Burgers, so who will they side with? The Millions of Dollars made advertising Mc-Stupidity? or will they side with the truth which often looses them millions of Dollars?



Article below. They forgot to mention her two years of followup surgeries and treatments for this.

There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.

During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.

McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.

Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.

Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.

McDonalds asserted that customers buy coffee on their way to work or home, intending to consume it there. However, the companys own research showed that customers intend to consume the coffee immediately while driving.

McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer thirddegree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.

The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which equals about two days of McDonalds' coffee sales.

Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit.

The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful.

No one will ever know the final ending to this case.

The parties eventually entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.
-----
excerpted from ATLA fact sheet. © 1995, 1996 by Consumer Attorneys of California

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.
http://www.lectlaw.com

................................................................................


http://www.longislandlawyerblog.com...ash-at-sundance-sparks-tort-reform-discussion


Want to see a 3rd degree burn, see below. Remember McDonalds admitted in court that her coffee was UNFIT for Human consumption... Well DUH!

http://www.mcmahanlawfirm.com/www/docs/103.41/ <WARNING this is Graphic.





don't know about millions...civil suits usually revolve around some sort of "real" damage. They may have to pay the expenses you incurred by moving, accept you back, pay legal fees -- but millions -- I think that may be a stretch. If you want millions, you should've spilled coffee on your lap ;)
 
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Onnie

Regular Member
Joined
Sep 16, 2010
Messages
664
Location
Maybee, Michigan
What does your rental agreement say? If there's nothing anti-gun, then no worries.

If there's something anti-gun in the agreement, it might or might not be enforceable per state landlord-tenant law. I'm not familiar with the law in that regard. It could also run afoul of the findings of the Heller and McDonald decisions.


we all barked around that tree and others including writing several Michigan government agencies handling renting of mobile home in parks. as far as I recall the basis is that the park can set "safety rules" that are for the peaceful existence and for the safety of all residents that are not in the your lease/rental agreement basically because it's private land. in my agreement when i lived in a park it stated I had to abide by all park rules at the time of the signing of the lease and any rules added after i signed the lease, i believe this may be standard in mobile home parks but i have only lived in one

I don't remember if 1911 talked directly to his park manager or not.......

basically he is stuck at this point without suing the mgt company
 
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Sheldon

Regular Member
Joined
Jun 25, 2007
Messages
556
Location
Battle Creek, ,
Never but I did have one grumpy old fart in our Ham radio club take offence.... He said he thought it was not right, I replied that I don't really care what he thought, He said this is a club event, I replied so what does that have to do with the price of tomatoes, he said I should not carry I replied he was free to leave anytime......
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
Sadly all too many amateurs have his attitude. I have wasted countless hours on amateurs who have that socialist mindset.


Never but I did have one grumpy old fart in our Ham radio club take offence.... He said he thought it was not right, I replied that I don't really care what he thought, He said this is a club event, I replied so what does that have to do with the price of tomatoes, he said I should not carry I replied he was free to leave anytime......
 

hopnpop

Regular Member
Joined
May 18, 2009
Messages
630
Location
Paw Paw, Michigan, USA
Once at Best Buy in Portage. I took it up with corporate and they were very apologetic and addressed the issue with employees at least at that location.
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
I live in a trailer park. The park manager says Im not allowed to OC in tha park, on my rented lot, or inside my own home. The trailer is paid for, and I believe I have the right to carry on my lot.
Well, I'm not a lawyer, but I'm pretty sure they can't make a rule about OC in your own home. And as I recall, the way rental property laws work, as long as you pay the rent, the land is treated as though you own to the extent you can generally do whatever is legal on the property as long as you're not altering it, damaging it, or otherwise defacing it.

But like I said, I'm not a lawyer. ;)
 

cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
Last spring I wasn’t allowed to enter Carrabba’s in Novi. I was sitting outside waiting on my date to arrive and as patrons were walking inside some saw my sidearm and notified the manager. The manager came outside and said I couldn’t come inside with a handgun since I wasn’t a LEO. Novi police were also called and they took my personal info. I still have an audio recording of the entire incident. That was my first LEO encounter too.

Oh and then there was this ghetto clothing store on 8 mile last summer where the plainclothes security guard came outside while I was securing my bicycle and told me “You cant come in here with that.” He then pulled up his shirt to show me he was also carrying - as if to show me he had me at a tactical disadvantage. BFD. We then had brief civil debate on the merits of CC vs. OC.
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
The manager came outside and said I couldn’t come inside with a handgun since I wasn’t a LEO. Novi police were also called and they took my personal info.


You gave them your info? :( :banghead::banghead:


ETA: I'm curious about the audio. Can you post it?
 
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cmdr_iceman71

Regular Member
Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
You gave them your info? :( :banghead::banghead:


ETA: I'm curious about the audio. Can you post it?

Yes, I gave them my information. Like I wrote it was my first stop and I was nervous as well as anxious to get back to my date who by that time was waiting on me inside. It’s hard to look cool and impress your date when you are sitting in the back seat of a squad car with handcuffs on.

I had transcribed the entire encounter on the old forum "List your open carry experiences" (and you guys dissected then) because I didn’t know how (and still do not) to format the audio file to get it up and running on youtube.com. I don’t feel like wasting another afternoon transcribing once again. Also my home phone number is on that audio clip. So until I figure out how to edit that part out I’m not sharing it.

I was new to open carry as well as all the appurtenant laws associated with it so when the female LEO asked me for my information I was under the impression that I was obligated to give it to her. At the time, I wasn’t aware that Michigan isn’t a "stop and identify" state. What’s more by the time the LEOs had arrived I had already secured my firearm - albeit my vehicle was still on Carrabba’s property. I admit I made a handful of mistakes but that’s how you learn.

In retrospect I don’t think it was wrong of me not to share my information with the LEOs because after all it is a crime to be in possession of a firearm without a CPL when on the property of an establishment that is licensed to sell liquor. When the LEOs arrived they already knew I was in possession or had recently been in possession of a firearm so I cannot blame them for wanting to see my CPL.

It’s the sharing of the phone number is where I went wrong.
 
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