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 liable. Whatever the circumstances and facts are, our team at Goodman Acker P.C. will use our combined resources, skills, and experiences to get you a favorable outcome.
We, however, do not stop at mere payment — 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) 621-8771 to book a free case review.
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.
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 and are successful in 99% of all the cases we conclude. Our clients appreciate us and provide testimonials to express it. The sentiment is mutual –– we treat you like family because, in the end, family is what it feels like after all we have gone through together. Also, we are accessible. We can be reached for client emergencies at any time of the day or night (24/7).
Furthermore, we have won millions of dollars for our clients, making a lot of difference in their lives. We offer free initial consultations, so contact us at (248) 621-8771 to schedule one with our attorneys.
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 that 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 different types of premises liability claims, including slip and fall or trip and fall, inadequate building security, dangerous animals, and fires.
When considering eligibility for claims or lawsuits, Michigan law examines whether you are a licensee, invitee, or trespasser.
A licensee has the permission of the property owner to be on their premises. Examples are repairmen, guests, neighbors, etc. Since licensees have the owner’s permission to be on the property, the person must warn them of any dangerous condition on the property if the licensee is likely not to discover it by themselves.
The property owner welcomes an invitee to enter the premises for business purposes. Examples of invitees are shoppers or a professional visiting an office for a meeting. As with licensees, the property owners must warn invitees of any dangerous condition if they are likely not to discover it themselves.
A trespasser enters a property without the owner’s invitation and is neither a licensee nor an invitee. As a general rule, property owners do not owe trespassers a duty of care. So, if a trespasser gets injured because of a dangerous condition, they cannot file a compensation claim.
However, Michigan law recognizes special rules for child trespassers. Under the attractive nuisance doctrine, a child is afforded a higher legal duty. As a result, a premises owner will be liable for the harm caused to a child if it is caused by an “artificial condition” and if:
Ultimately, you are only eligible for a premises liability claim or lawsuit if you suffer an injury as a licensee or invitee.
Specific elements of a premises liability case must be proved before an injured party can succeed. These elements are the same as in other personal injury cases, and they include:
Duty is a question the court decides. You must show that the premises owner not only owed you a duty of care but there was a dangerous condition they should have been aware of.
At Goodman Acker P.C., our Grand Rapids premises liability lawyers can establish the four elements of negligence to prove your claim.
There is a defense commonly used by property owners when facing a premises liability case. It is known as the “open and obvious” doctrine. Under this doctrine, the property owner is not obligated to inform a licensee or invitee if the hazardous condition is deemed to be open and obvious.
This defense is often used in cases where unplowed snow or unsalted surfaces cause a slip-and-fall injury, and property owners use it to avoid lawsuits. However, changes in Michigan’s premises liability law are causing the “open and obvious” doctrine to lose power. It is now easier for property owners to face lawsuits despite the rule and for victims to get compensation.
Our lawyers at Goodman Acker P.C. will help you recover economic and non-economic damages. Monetary or economic damages refer to the financial losses from the injury sustained. It is easy to calculate as it is easily proven with receipts. Examples of economic damages:
Non-economic damages compensate for the physical and emotional suffering resulting from an injury. These are harder to calculate since they do not deal with monetary losses. Examples of non-economic damages:
Aside from these two types of compensation, you can also get exemplary damages, as Michigan does not allow punitive damages. A jury can award exemplary damages if they find that the property owners knew of the defect in their premises and its danger and chose not to do anything about it. Exemplary damages may also be awarded in cases where the victim sustained excessively severe injuries, like a traumatic brain injury.
Before receiving damages, you need evidence to show the premises owner’s liability and what you lost. There are different ways to prove damages, and at Goodman Acker P.C., 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 the following:
We will combine the facts and the law to prove your claim by a preponderance of the evidence.
Premises liability claims are personal injury cases, meaning they are based on negligence. Many people get confused about this aspect. At Goodman Acker P.C., our premises liability lawyers in Grand Rapids aim to keep our clients informed, so here we answer some of the most common questions we get.
Yes. If you contribute to the accident that harmed you, Michigan’s modified comparative negligence law will come into play. So, if you are 40% at fault, you will get 60% of the compensation awarded. You cannot get a settlement if you are more than 50% liable.
The compensation received depends on the severity of your injury, the need for future medical treatment, the amount of lost wages, and other monetary losses. The award or lack of exemplary damages also affects the settlement you get.
Under Michigan’s statute of limitation for personal injury cases, you have three years from the date of injury to file a claim. If you commence your lawsuit after the deadline, it will not be heard in court.
To strengthen your premises liability case, ensure you preserve evidence, keep a journal, keep track of damages, and stay off of social media. Also, you need to have a competent premises liability attorney.
Since premises liability is a personal injury case, premises liability attorneys work on a contingency fee basis. Under this fee structure, you don’t pay until you receive compensation; the lawyer only takes a pre-agreed percentage.
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) 621-8771 to schedule a free initial consultation and get the representation you deserve.
Schedule a free initial consultation by calling (248) 621-8771 for specific answers about your unique situation. We will thoroughly review your case and lay out your best legal options.
Some personal injury lawyers will tell you they will get you compensation. They do not tell you 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. Also, it is the only way to ensure you become “whole again” or recover as best you can. Therefore, you should not settle for whatever is initially offered; you should fight for what you deserve.
This is what our team at Goodman Acker P.C. will help you with. We will prove your premises liability claim by thoroughly investigating and gathering evidence. Our lawyers will discuss what to expect and how much you might be able to receive as compensation.
Our Grand Rapids premises liability lawyers are ethical, trustworthy, and reliable and will always put your interests first.
We will commence the claims process on your behalf and negotiate with the negligent property’ owners’ insurer. If we cannot settle with the insurer, we will file a lawsuit and argue your case before a jury during trial.
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 to paying compensation. We will not let them dilly-dally around.
We will follow up with them and keep you informed throughout the 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.
Premises liability claims require proof of negligence by the property owner or occupant. Suppose you or a family member is injured due to property negligence. In that case, the Grand Rapids personal injury attorneys at Goodman Acker P.C. can help you recover compensation and guide you through the process.
We have a 99% success rate and are your best chance of a favorable outcome. Contact us at (248) 621-8771 to schedule a free initial consultation.
1500 E Beltline Ave SE #235
Grand Rapids, MI 49506
(248) 965-0816