Personal Injury

For years, Goetz & Eckland has defended individuals involved in a number of different types of accidents.  Automobile accidents, lawn mower accidents, slip-and-falls, dog bites and lightening strikes, to name a few, all give rise to the need for a staunch defense.  Our attorneys understand the burden of proof required to show negligence occurred.  We also understand the medical evidence and when an injury claim is legitimate and when it is not.  We can decipher tax records and other financial documents when a claim of lost income is made.  We provide our clients with a thorough investigation into claims of personal injury and will help you settle those cases that should be settled and take to trial those cases that, together, we decide should be given to a jury for decision.

We Defend Our Clients:

  • In written discovery
  • At depositions
  • At inspections
  • At motions
  • At mediation or other alternative dispute resolution proceeding
  • In trial
  • On appeal

Construction           

The last several years have seen an explosion in construction law litigation.  From water intrusion and mold to settling and cracking of foundations—traditionally attributed to Minnesota’s climate—contractors, subcontractors and construction managers have seen a barrage of claims of every shape and size.  Allegations of negligence, breach of contract, breach of warranty, negligent misrepresentation and fraud have to be defended. 

An elderly, wise contractor down South once told Deborah Eckland:  “Ain’t no house perfect, Ms. Eckland.  Ain’t no house perfect.”  We at Goetz & Eckland believe that.  But just because it is not perfect does not mean it was poorly built.  For instance, houses were never intended to be watertight.  Houses need to breath.  But now, homeowners are pressing the watertight standard.  Moreover, concrete will crack in Minnesota freeze/thaw cycles, but many homeowners now claim that flatwork should be exempt from Mother Nature’s inevitable effects.

At Goetz & Eckland, we understand the issues construction cases present.  We are poised to strenuously defend you against these claims.  Statutes of limitations, how various home warranties apply and how to disprove causation for damages are all approaches in which we are well versed.

We Can Help:

  • General Contractors
  • Roofers
  • Excavators
  • Concrete Subcontractors
  • Framers
  • Masons
  • Asphalt Subcontractors
  • Siding Installers
  • Carpenters
  • Stucco Subcontractors
  • Plumbers
  • Electricians
  • Landscapers
  • Architects and Designers

In-Home Daycare Defense

Goetz & Eckland has an expertise in in-home daycare provider defense unparallel in the Twin Cities.  Our attorneys have a special appreciation for the service in-home providers give our children and families.  We realize that, no matter the quality of care provided, accidents—and accusations—can still happen.  We help in-home daycare providers understand the legal process and continue to function while meeting the challenges presented.

Areas of Expertise:

  • Determinations of maltreatment, neglect and disqualification
  • Licensing actions:  conditional licenses, fines, suspensions and revocations
  • Requests for reconsideration, hearings before appeals referees, hearings before administrative law judges and appeals to district court and the court of appeals
  • Claims of negligence, abuse and lack of supervision

Employment

At Goetz & Eckland, our attorneys routinely advise and defend employers.  Whether an investigation into an employee’s actions is warranted or advice on how to appropriately terminate an employee who is not performed to expectations is needed, we have the experience and resources needed to address every employment issue confronted.  We know that managing employee/employer relationships can be difficult and requires a fine balance between economic practicalities and human frailties.  We can help steer you legally and ethically through the obstacle course many situations present.

We Address:

  • Claims of Race, Gender, Sex, Age and Disability Discrimination
  • Employee Misconduct
  • Workplace Violence
  • Defamation
  • Covenants Not to Compete
  • Whistleblower Claims
  • Breach of Contract
  • Employee Manual Drafting/Revision
  • Anti-Discrimination Training

Products Liability

Many times, individuals are injured or killed because of allegedly defective products.  The attorneys at Goetz & Eckland have represented manufacturers and distributors against a host of claims involved various and assorted products, such as garage doors, fire extinguisher equipment, washing machines, power take-off systems, furnaces and exercise equipment.  A unique area of law, products liability defense work can often be complex and expert witness use imperative.  Our attorneys know how to utilize the necessary resources to dynamically defend against the claim.

Sample Products:

  • Garage Doors
  • Fire Extinguisher Equipment
  • Washing Machines
  • Power Take-Off Equipment
  • Furnaces
  • Exercise Equipment
  • Curbing Machines

Insurance Coverage

Insurers must frequently address the availability of insurance coverage for their insureds.  At Goetz & Eckland, we analyze insurance policies and compare their provisions with applicable law.  Our attorneys assist insurers in preparing reservations of rights letters and other key communications with insureds.  We help reach a resolution of coverage disputes and, when no resolution is possible, seek assistance from the courts through the declaratory judgment process.  We participate in mediation and other alternative dispute resolution processes when coverage counsel’s involvement in needed to settle underlying litigation.

Goetz & Eckland attorney regularly teach seminars on coverage issues and we review the latest legal developments in our “Case Law Update.”  We have even been involved, at the request of our insurance clients, in the development of insurance coverage law through the appeals process.

Premises Liability

On, those nasty Minnesota winters!  At Goetz & Eckland, our attorneys have handled a myriad of premises liability claims.  From slip-and-falls on ice, to trips over unrolled mats at malls, to a topple down the stairs, we rigorously defend our premises owners against these claims.

Commercial Litigation

Over the years, Goetz & Eckland has assisted a number of businesses in managing the disputes that present themselves.  From breach of contract to enforcement of non-competes, the attorneys at Goetz & Eckland have the experience necessary to help you negotiate the sometimes stressful and pressure-packed terrain.

Helpful Services:

  • Negotiating contracts with employees, vendors, customers, and others
  • Collection actions
  • Defending lawsuits of every variety
  • Obtaining coverage from insurers
  • Investigating fraud claims
  • Training on legal issues that affect the business

Agents and Brokers

Through working with insurers over time, Goetz & Eckland has developed an expertise in representing insurance agents and brokers, as well.  We understand the law unique to this area—for instance, the difference between an agent and a broker and what that difference can mean to potential liability.  So, whether you are with a small, family-owned agency or a large brokerage firm, if a claim is made against you, we can help.

No-Fault Defense

In Minnesota, individuals who are injured in automobile accidents are entitled to payment of their medical bills and wage loss without regard to fault.  The attorneys at Goetz & Eckland defend insurers against whom claims have been made for no-fault benefits beyond those amounts already paid.  Whether it’s continued chiropractic care that appears unreasonable and unnecessary or neurologic care that is arguably unrelated to the accident or an alleged decrease in earnings by a self-employed individual, we know the law and the evidence necessary to appropriately combat these claims.

Subrogation

In our representation of insurers over the years, the opportunity has often arisen to assist them in recovering amounts paid insureds for damages caused by third parties.  These subrogation cases can involve anything from simple negligence to products liability to breach of contract.  At Goetz & Eckland, we try to resolve the claim short of litigation.  If that’s not possible, we file suit and pursue the claim through the courts.  If the responsible third party is uninsured, we can obtain a Confession of Judgment and set up a payment plan.  Whatever the case, if a subrogable claim presents itself, we can help.