Leveraging 150+ Years of Experience to Yield a 99% Success Rate
Premises Liability
Attorney in Grand Rapids
Representing the Injured with Compassion and Integrity to Get Compensation
Our Grand Rapids premises liability lawyer knows all about unsafe or poorly maintained properties. We know these properties are accidents waiting to happen and have seen firsthand the harm they can cause. We consistently and persistently hold the applicable property owner, manager, or tenant accountable for their negligence.
These cases, however, can be complex. There are many factors to consider. One person or entity may be responsible for damages, or multiple parties may be responsible. Whatever the circumstances and facts are, the team at Goodman Acker uses our combined resources, skills, and experiences to get you compensation. We, however, do not stop at mere compensation – we recover what is fair and just.
Let our trusted premises liability attorney represent your personal injury case in Grand Rapids. Call us at (248) 286-8100 to get the results you need to recover from the accident and to get on with your life.
How We Can Help You
Recover Maximum Compensation versus Any Compensation
There are some personal injury lawyers who will tell you they will get you compensation. What they do not tell you is this: The compensation they refer to may only be whatever money is readily offered — not necessarily the maximum compensation allowed under the law. When dealing with personal injuries, especially those caused by accidents on another person’s property in Grand Rapids, you deserve maximum compensation––it is only fair and just, but it is also the only way to make sure you become “whole again” or recover as best you can under the circumstances. You should not settle for whatever is initially offered; you should fight for what you deserve.
At Goodman Acker, we fight for our clients as if each one is a family member. We know how personal injuries and wrongful death accidents alter lives. We persevere to get results, and with a 99% success rate, we work every day to make it a 100% success rate.
To recover maximum compensation, several things must occur. Here is an overview of our approach to recovering fair and just compensation for you.
We Prove Your Premises Liability Claim
Premises liability is a legal theory applying to cases where an injury or death results from an unsafe or defective condition on someone else’s property. Typically, claims are made against an insurance company which provides services to commercial property owners, business owners, homeowners, and/or lessees or renters. In some cases, claims or lawsuits can be made directly against the individual company or person who owns, manages, or leases the property, which could be a national corporation or your next-door neighbor.
There are specific elements of a premises liability case that must be proved before an injured party can be successful. These elements are like other personal injury cases.
- Duty:The defendant had a duty to provide a safe environment.
- Breach of duty:The defendant did not provide a safe environment.
- Causation:The breach is the proximate cause of the injury.
- Damages:The plaintiff was injured and experienced a loss.
Duty is a question the court decides; the facts of the case are decided by the jury if the case goes to trial.
At Goodman Acker, we satisfy each element with clear, persuasive analysis using the facts and the law.
We Prove the Damages You Suffered
We demand compensation for all damages you suffer. This includes both economic and non-economic damages.
Examples of Economic Damages
- Personal property losses or damage
- Medical bills and other related expenses
- Lost wages and future lost earning potential
- Caregiving expenses and mobility devices
- Mileage to and from medical appointments
Examples of Non-Economic Damages
- Physical pain and suffering
- Emotional trauma (e.g., post-traumatic stress disorder)
- Loss of quality of life
These damages are proven in various ways. We use our resources and network of experts to build strong, solid cases. It all starts with a comprehensive investigation. We then analyze the evidence we discover. Finally, we put that evidence together to tell your story in a way that is persuasive and well-supported by legal analysis. The evidence we may use can include but is not limited to any of the following:
- Eyewitness testimony (e.g., a stranger testifies as to what they saw from an objective point of view)
- Layperson testimony (e.g., family and friends attesting to pain and suffering)
- Expert testimony (e.g., a medical professional describes the link between the accident and your injury and outlines your prognosis, or an accident reconstruction expert explains how the accident happened)
- Photographs, video, or other digital evidence
- Social media (e.g., the wrongdoer posts a thread about the incident)
- Your testimony (e.g., you describe what happened and the consequences to your quality of life)
- Medical records
- Medical bills
- Pay stubs or letters from an employer to prove lost wages
- Other relevant receipts or documentation.
We will combine the facts and the law together to prove your claim by a preponderance of the evidence. If exemplary damages are applicable, we will include an argument for the same alongside a demand for full and fair compensation.
We Follow Up to Make Sure You Get Paid
Once we settle your case in your favor or win your case at trial, we will be persistent and follow up. Sometimes insurance companies are slow to respond. We will not let them dilly-dally around. We will follow up with them and keep you informed throughout the entire process. We know you will be anxious to receive the payout so that you can take care of all your personal and financial matters, so we will continue to be responsive and attentive.
Why Choose Us
Because Our Grand Rapids Premises Liability Lawyer Exceeds Expectations
We are compassionate. We are experienced. We are persistent. These things combined are why clients throughout Grand Rapids and the greater metropolitan area choose us to represent them in some of the more dire circumstances. When their lives have been turned upside down, they put their trust in Barry Goodman and his entire legal team at Goodman Acker. And there’s good reason for this.
- We are experienced. With 150+ years of combined legal experience, we have built strong relationships in the legal community, a significant network of experts, and a comprehensive toolbox of resources.
- We get results. We are successful in 99% of all the cases we conclude––that’s not an estimate, but a fact.
- Our clients appreciate us and provide testimonials to express it. The sentiment is mutual––we treat you like family because, in the end, after all we have gone through together, family is what it feels like.
- We are accessible. We can be reached for client emergencies at any time of the day or night (24/7).
- We offer free initial consultations. It is always a good idea to get to know each other and the case before committing to each other.
- Local news organizations trust us. We are regularly featured on local stations like Fox 17 and Local 4 Detroit.
- We get maximum compensation. We have won millions of dollars for our clients, and that has made a lot of difference in their lives.
Our reputation is further backed by national and local awards and recognition. We are consistently included on the Super Lawyers list, hold the coveted AV rating by Martindale-Hubbell, and are listed as Top 100 Trial Lawyers.
Premises Liability FAQs
Our Premises Liability Attorney Gets Candid about Personal Injuries
Premises liability cases are personal injury cases, meaning they are claims based on negligence. Many people get confused about this aspect. At Goodman Acker, our premises liability lawyers in Grand Rapids aim to keep our clients informed, so here we provide answers to some of the most common questions we get.
To get specific answers about your unique situation, schedule a free initial consultation by calling us at (248) 286-8100. We will thoroughly review your case and lay out your best legal options.
Negligence by the property owner, property manager, or tenant can lead to premises liability lawsuit situations, including:
- Slip-and-fall accidents due to ice or unsafe surfaces
- Dog bites or other animal-related injuries
- Unsafe property conditions
- Neglected maintenance of the property
- Neglected security of the premises
- Children on site, because children require a higher degree of protection
- Retailer liability for customers and contractors on site
- Restaurant liability for customers or contractors on the premises.
These are not the only situations leading to lawsuits, but are merely common scenarios that are often seen in premises liability cases.
Many people mistakenly assume that the property owner is automatically liable for injuries on their property. In Michigan, however, our courts do not make that assumption. The proper defendant in a premises liability case is the person or entity with possession and control over the property. Orel v Uni-Rak Sales Co, 454 Mich 564, 563 NW2d 241 (1997).
So, whether you are the owner, manager, lessee, tenant, or another potential entity, you can be liable if you had possession and control of the property. Without these two elements at the time of the accident, liability may not be found.
Your premises liability lawyer, however, may list all potential defendants on the complaint and then narrow it down later, if necessary. That’s also why you should speak to one of our premises liability attorneys after an injury, to make sure you identify all potential parties to recover maximum compensation.
Duty of care is a critical element of any personal injury case. Duties are very specific in premises liability cases. Generally, possessors of land have a duty to act with reasonable care, but the extent of reasonable care is dependent on the injured party’s status as . . .
- Invitees, which means the injured party was invited to be on the property for commercial purposes, like customers at a store. Premises possessors owe a duty to keep premises reasonably safe for invitees. They must warn invitees of any dangers they know about or should have known about, unless those dangers are open and obvious. They must also inspect the premises to discover possible dangers.
- Licensees, which means the injured party was on the property with express or implied permission, like utility personnel or friends and family or churchgoers. Premises possessors owe a duty to keep the premises reasonably safe but have no duty to inspect for dangers.
- Trespassers, which means the injured party was on the property without permission. Generally, there is no duty of care afforded to trespassers. That said, there are exceptions, like situations involving children, where a duty to warn is required for known dangers, or for trespassers where the land possessor knows of their presence and cannot, therefore, create a danger that would cause great bodily harm.
Contributing to the accident that caused your injury is the main factor that can limit recovery of full compensation.
Regardless of which designation you are (invitee, licensee, trespasser), if you are partially responsible for an accident, you may not be able to recover full compensation for all your damages even if there’s a hazard on the property. You must use reasonable care to protect yourself from an accident. Not using reasonable care can result in reduced compensation. Laws vary with regard to how the percentage of fault affects the potential recovery or even the ability to get a recovery at all.
Michigan laws acknowledge that the plaintiff’s negligence proportionally reduces recovery of damages. This is known as comparative negligence. This law is codified in M.C.L. § 600.2959. If the defendant proves you were partially at fault, the reward is proportionally reduced according to the percentage a jury finds you to have been at fault. For non-economic damages, however, if your negligence exceeds 50 percent, you will not recover anything for these types of damages but could still recover economic damages.
Time is a limitation in premises liability cases. State laws have a statute of limitations that covers various types of claims. Michigan’s statute of limitations for personal injury cases is codified in M.C.L. § 600.5805. It allows you three years from the time of injury to file a personal injury case. As with many laws, a handful of exceptions do exist to this three-year deadline.
Claims made after the deadline are typically subject to dismissal. In other words, the defendant can use the statute of limitations as a defense if you miss the deadline, and the case will be dismissed.
There are several things you can do to help strengthen your premises liability case. Here are some effective ways to help strengthen your claim.
- Preserve evidence. Preserving evidence is particularly important, because evidence can disappear, get lost, or forgotten. You want to safely keep things like clothing (if torn, etc.), photographs, video, eyewitness statements, and incident reports.
- Keep a journal. Memorialize the accident and any quality-of-life changes after the accident in a journal. You can also keep track of things like symptoms, pain, etc.
- Keep track of damages. Keep a folder of bills or financial information related to medical care, time off work, replacement services, domestic help, and home and vehicle modifications.
- Stay off social media. More and more, social media is getting in the way of recovering maximum compensation. Remember that what you post online, even if you later delete it, is likely online forever; and if online, it can be discovered by someone with minimal search skills.
- Hire a competent premises liability lawyer. At Goodman Acker, our premises liability attorneys will help you preserve evidence, advise you on the best course of action, and provide comprehensive representation.
Contact Goodman Acker for a Free Consultation
Premises liability claims require proof of negligence on the part of the property owner or occupant. If you or a family member is injured due to property negligence, the attorneys at Goodman Acker P.C. can help you recover the compensation you deserve and guide you through the process. Contact us at (248) 286-8100 to schedule a free initial consultation and get the representation you deserve.
LEGALLY REVIEWED BY BARRY J. GOODMAN
Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well.
ABOUT GOODMAN ACKER
Why Choose Us