What is premises liability?

Premises liability is commonly referred to as slip and fall, it could be you tripped on an unsafe condition in someone’s parking lot, a wide range of things.Premises liability is the premise that a property owner has the duty to keep their property reasonably safe and it hinges upon the type of person is injured on their property as to which duty they owe to each respective person.

Invitee

The first type of person a property owner may owe a duty to is called an invitee. Invitees, for example, are customers shopping at a property during business hours are business invitees of that property. This means they are owed the highest duty of care by the business to keep their property reasonably safe.Property owners should do the inspections to make sure there is no water on the floor, make sure the parking lot is in good condition and doesn’t cause anyone to trip because of large potholes or uneven cracks.

Licensee

These individuals could be considered social guests. They are not there for business purposes whereas someone who is invited to a home, for example. These individuals are typically owed a duty of care that is not as strict as invitees but also not as low as a trespasser. This is an intermediate level of care that hinges on a number of technical things. If you are interested in learning more about licensees in a premises liability case, be sure to call Marie Schoeb at Busciglio Sheridan & Schoeb (813) 225-2695.

Trespasser

In general, these situations are based on a case by case basis and offered the lowest duty of care by a property owner. If you find yourself in a situation where you have suffered from a slip and fall from a business, first focus on getting better, getting help, and getting the treatment you need. Also, if there is someone with you, have them get a copy of the incident report that is made. Once you receive the incident report, make sure you contact an attorney as soon as reasonably possible because you don’t want to lose evidence on your case. An attorney will be able to send a “letter of preservation” to make sure any videos that may be on a loop and can be deleted after a period of time, is preserved for later use.The next thing you would do is keep a list of all medical treating facilities you have visited; doctors, hospitals, ambulances, and other facilities included in your treatment. This will help your attorney determine where they should order your medical records so that your billing is accounted for.

If you or someone you know has been a victim of premises liability or suffered a slip and fall, make sure you call the attorneys at Busciglio Sheridan Schoeb to help defend your case and be your partners in law.

What is the difference between public adjusters and attorneys?

You may be wondering what is the difference between a public adjuster and an attorney or can you have both? After your home or business has sustained damage from either a storm, fire, termites, etc., you are going to want to go to your insurance company to file a claim. At that point, your insurance company is going to send out either an independently hired adjuster acting on their behalf, or one of their staff adjusters to inspect your home. The adjuster is going to inspect the damage and make an estimate based on the damage that they observe. This estimate is then forwarded to the insurance company who will make a coverage determination. The insurance company is either going to:

  • pay the amount that they feel is owed minus your deductible

OR

  • deny your claim outright

You may find yourself in a situation where you feel the claim is undervalued. At this point, you are going to decide if you are going to hire an attorney or a public adjuster.

Public Adjusters

Much like insurance companies hire an adjuster to assess the damage in your home, you have the ability to hire an adjuster on your behalf to evaluate the claim.These public adjusters will come to your home and make their own estimate based on the damage that they observe. This is helpful in going to be valuable in going to the insurance company to defend why you think your claim is worth more.*Before signing any paperwork with a public adjuster, make sure you are covering all your bases.

Attorneys

At what point should you hire an attorney?Typically, public adjusters have the ability to negotiate the terms on your behalf however, some states don’t allow this. In these cases, most public adjusters can do is advise you on how to proceed.You may want to consider hiring an attorney from the very start. Attorneys, like the attorneys at Busciglio Sheridan & Schoeb commonly work with public adjusters and use them as expert witnesses later on, which makes the decision on hiring a public adjuster vs. an attorney much easier.The benefit of hiring an attorney is the fact that an attorney will be able to structure the claim from the start in the way that they want to see the claim end.For example, attorneys typically look at a case from a litigation standpoint. They pay attention to the legal issues that may arise later whereas public adjusters may just be looking at the evaluation of the case.Even though public adjusters and attorneys are looking at the case from 2 different angles, that doesn’t mean you can’t have both.

How are public adjusters paid?

This varies by the person but oftentimes public adjusters take a case on contingency bases and take a percentage of the settlement at the end OR they can charge an hourly fee.

How are attorneys paid?

If you hire an attorney, many times these attorneys have trusted public adjusters that will come out to the property to make their estimates, then the attorney is the one negotiating with the insurance company on the client’s behalf.Some people have a misconception that a client will have to pay a large retainer amount, however, in these situations, that is not the case. Attorneys typically take the case on contingency bases which means the client pays nothing upfront and nothing is paid unless they recover for you.

Regardless of what stage you are at in the insurance claims process, feel free to give Marie Schoeb a call directly at (813) 225-2695 so she can evaluate your case and discuss next steps.

Can you get a DUI on an electric scooter?

Are SUIs (scooter DUIs) a thing?

Bird Electric Scooter

Bird Electric Scooter

We are all aware that it is illegal to drive under the influence of drugs or alcohol, however, what about those shared electric scooters that are popping up in cities all over the United States? Florida is known for unusual and strange headlines and DUIs are no different. We’ve had DUIs on riding lawn mowers, golf carts, even on a horse. We have seen the scooters popping up here in Tampa, most popular being Lime and Bird. These are the shared electric scooters that you stand on and rent for a short period of time. Something that tends to go hand and hand with these types of scooters is drinking… so let’s start with the DUI statute.

What constitutes a DUI in the state of Florida?

You could be arrested or ultimately convicted of DUI if you are found to be:Driving or in actual physical control of a vehicle within the state and either: Your normal faculties are impairedORYour breath alcohol reading of .08 or higher

How does an officer determine if your normal faculties are impaired?

Officers look for obvious symptoms such as:

  • The odor of alcohol
  • Cans or open containers in your vehicle
  • Bloodshot, watery, or glassy eyes
  • HGN (Horizontal Gaze Nystagmus Test)

Should you submit to a breath test?

In general, you should not submit a breath test unless you are absolutely certain you have had nothing to drink and your breathalyzer result will be 000. If you have submitted a breathalyzer test and it has resulted in a DUI, make sure you speak with the attorneys of Busciglio & Sheridan Schoeb to evaluate how we can defend your case.There are important factors to consider before refusing to submit a breath sample. The most important factor is that you will lose your drivers license.

What is considered a vehicle under the Florida statutes and are scooters included?

A vehicle in the Florida statues is defined as: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.Specifically, the definition of a motorized scooter is defined as a vehicle. A motorized scooted IS a vehicle not having a seat or a saddle, therefore the answer is…

YES!

You CAN get a DUI on an electric scooter. If you or someone you know has received a DUI riding an electric scooter, give us a call at (813) 225-2695 to find out how we can help defend your case.