The first time I became aware of the hazards at Costco outdoor food courts was in 2007.  In that year, there was a tragic accident at the Costco in Burbank California which left a store customer severely injured.  Since 2007, I have become aware of dozens of accidents involving Costco customers injured or killed at Costco stores.  As lawyers like to say, Costco is "on notice" that vehicles are a hazard to customers generally, and that, especially at outdoor food courts and store entrances, some form of impact-tested safety barrier is called for to prevent injuries should a vehicle for any reason drive into a pedestrian-only area.

Now by chance I saw a letter today to a local newspaper on the island of Kauai in Hawaii from a Costco customer, calling out the same problem.  THIRTEEN YEARS LATER, COSTCO CONTINUES TO NEGLECT BASIC CUSTOMER SAFETY AT SOME OF THEIR STORES.  Please take a minute to read the letter, pasted below this photo of the outdoor food court area at the store referred to in the letter:

Costco food court is accident waiting to happen

I would like to address a pedestrian-safety issue that endangers hundreds of people each day.  Right here, on our beautiful island, there lurks a catastrophic accident waiting to happen.  Each of us has probably stood in this line or sat at the provided picnic tables. The site of this potential tragedy that I am referring to is at our local Costco. The outdoor food court is the specific area of my concern.

I have personally visited this super store on other islands and the Mainland, noting that one glaring feature is missing from our Lihue store: there is nothing stopping a vehicle from driving into the seated and standing patrons at the food court.  At other similar store locations, the use of bollards is applied. A bollard is a vertical pipe or pillar planted a few feet deep into the ground, showing about four feet above ground level.

Strategic placement of the bollard prevents the intrusion of an errant driver or malfunctioning vehicle from crushing unsuspecting patrons.  Why do other store locations have bollards and not ours? I asked the local store managers and got the answer that “the bollards are not required by code.” So whose fault will it be when something does unfortunately happen at this location?

Do we need to have our Kaua‘i building code amended to require stores like this to install bollards for their customers’ protection?  Please, let’s not wait for that to happen.  It is my intention to expose this deficiency and for the store to rectify the problem. The protection of my and your ‘ohana is all I seek.

Roger W., Lawai

https://www.thegardenisland.com/2020/02/14/opinion/letters-for-friday-february-14-2020/

The Storefront Safety Council has been gathering raw data in the form of crash reports and other forms of documentation for almost a decade now.  Our database is now well over 20,000 incidents, and the information gathered has enabled us to tell the story of storefront crashes in the US and Canada -- about their causes, the types of buildings and businesses that are struck, and the age and sex of the drivers involved.

Our current statistics show that in approximately 16% of all storefront crashes, impaired drivers are at fault.  Whether alcohol or marijuana or illegal or prescription drugs, a little more than one in six crashes are a result of impaired driving.

This weekend, an impaired driver in Las Vegas crashed into the front of the Time Out Sports Bar.  Police administered a breathalyser test and the result showed a blood alcohol level ALMOST DOUBLE the legal limit.  It's not every day you get a single photo that shows cause and effect so clearly!

By Cass Steele

Every day around 60 drivers crash their cars into storefronts across the USA, causing thousands of dollars of damage while injuring (or even killing) innocent people. This statistic may shock you, but the crashes are more common than most people expect. A drunk driver can easily lose control of their car and crash into a building. A child left in an unattended car with the engine running can accidentally trip the transmission and send the car into a storefront. A disorientated person could easily hit the pedal instead of the brake.

This is a staggering amount of car crashes, and many of the accidents cause serious injuries and death… as well as millions of dollars’ worth of damage. But this is all completely preventable; safety experts say that stores can easily install barriers for less than $10,000, as Walmart has done. Here are three things that stores should consider if they want to encourage safe driving.

Use more than just wheel stops 
Many retailers go for the cheap option of installing wheel stops at the end of parking spots, but in reality, this can cause more accidents than it prevents. This is because it is easy for people to trip over them, and cars can drive over them in less than a second. This means that the ramps could actually be causing more problems than they are preventing! For this reason, it is important to embrace more effective methods to prevent storefront crashes. There are lots of alternative options, and while they may cost slightly more than wheel ramps they can help to prevent tens of thousands of pounds of damage, so they are well worth the cost.

Stop using nose-in parking (or install barriers)
Nose-in parking means that cars are parked outside the front of the shop, which increases the chance of someone accidentally hitting the pedal and going through the window. If possible you can remove this parking to make your store safer, as this will vastly reduce the chance of someone accidentally hitting the accelerator and hitting the front of your store. If you can't remove your nose-in parking, you can install proper stone barriers to prevent cars from hitting the building. This may seem expensive initially, but it is much cheaper than replacing a damaged storefront! It also shows the public that you care about protecting them from storefront crashes.

Protect the customers
Keep track of your customers and how they are parking. If you notice any dangerous driving, consider putting up signs in your shop with useful driving safety tips (such as (always wear your seatbelt and don’t drive drunk) to reduce the chance of an accident. If you decide to do this, make sure that the signs stand out so that customers actually read them! You could also print off statistics about storefront crashes to help raise awareness of the issue. This will encourage your customers to drive safely, and it shows that your store is actively fighting against storefront crashes.

This is important for all stores across the US, but it is especially crucial for stores that have already had issues with storefront crashes. A pattern of accidents and injuries should always be addressed, especially if you think that another accident could happen in the future.


Cass Steele is a freelance writer and editor. A previous career in PR led her on many travels around the world but now she enjoys the comfort of working from home on a wide range of different projects. When not working she loves swimming, road trips with her kids and volunteering at the local animal shelter.

It has been a very bad six months for crowds and pedestrians in America.





First came Mardi Gras in New Orleans in February, when a crowd watching a passing parade was struck from behind by a pickup truck driven by a very intoxicated driver.  28 people were injured, some seriously.


Next came Times Square in May, where a crazed driver accelerated down a sidewalk in Manhattan deliberately aiming at pedestrians, injuring 22 and killing one young girl. 


Now in August comes the events in Charlottesville Virginia, when an angry driver deliberately crashed into a street demonstration, resulting in the death of Heather Heyer and injuries to 19 others. 


Three separate incidents involving angry or drugged drivers.  Three separate incidents where pedestrians and visitors were struck without warning.  Three separate incidents that have put the rest of America on notice:

1)  Vehicle attacks against pedestrians and crowds, whether acts of terrorism, acts of anger, or criminal acts such as drunk driving, are increasing.

2)  Failure to take simple preventive measures against possible vehicle incursions into crowds exposes the public to death and injury

3)  Failure to take preventive measures after being put on notice of hazardous conditions will expose cities and counties to civil litigation and judgements.


Today I saw a news report (pasted and cited below) which if accurate, could expose the City of Charlottesville Virginia and Albemarle County to increased civil liability in any upcoming litigation that stems from this vehicle-into-crowd crime.  A county employee had sent an email to the Charlottesville City Council warning just four months prior to this incident that the area of the attack was vulnerable to just this kind of vehicle attack.  Says the report in the Daily Progress "He noted that driving a large vehicle into pedestrian groups at tourist destinations had become the “new terrorist trend,” and he warned that the Downtown Mall “could be an immediate threat.”

Three points raised in the article seem to be prominent:  a) the lack of a coherent traffic plan for these demonstrations, b)  the lack of enforcement of a vehicle ban called for in the traffic plan as drawn up, and c)   the lack of any effective barriers to actually prevent vehicle incursions.  These will be significant factors in any case that is brought against the city and the county in this matter.


More broadly, this report highlights a more universal truth for municipal officials -- not only are they all on notice that pedestrians are increasingly targeted on purpose in America, it is also clear that crowds in areas perceived to be under the control of public safety officers presume that they are safe from accidental or deliberate vehicle incursions.  They assume that if the police have a presence on scene or there are traffic cones set up, the area has been made safe. Thus having been put on notice, failure by any municipal agency to take appropriate steps could be seen as negligent in any civil litigation.

While the legal fallout from the Charlottesville incident will likely take many months if not years to resolve, this basic fact remain:


Vehicle-into-crowd incidents are frequent, they are dangerous, and they are deadly.  Ask officials in New Orleans, New York City, and Charlottesville.  If you cannot reach them, ask officials in Austin Texas (four killed at SXSW by a drunk driver) or Stillwater Oklahoma (four killed at the Oklahoma State University homecoming parade by an impaired driver) and see if they can speak with you.  If not, you can probably reach someone in Santa Monica California (10 killed and over 60 hospitalized at a farmer's market.)


The need to protect pedestrians and crowds from deliberate or accidental vehicle intrusions is obvious, officials in cities and counties large and small have been placed on notice by recent events and national coverage, and a failure to act will result in two things:  more body counts, and more lawsuits.

It doesn't have to be this way.




http://www.dailyprogress.com/news/local/county-employee-raised-concerns-about-downtown-mall-crossovers-in-april/article_c970b3c2-8162-11e7-82d4-0fa6fb7ba8af.html
 
County employee raised concerns about Downtown Mall crossovers in April

• BY DEAN SEAL
• Aug 14, 2017

An Albemarle County emergency management employee warned Charlottesville’s City Council in April that the Downtown Mall’s vehicle crossovers posed an immediate danger to public safety.


Months before a car plowed into a group of anti-racist demonstrators, killing one and injuring 19 others, the county employee penned a letter to the city imploring officials to install collapsible traffic bollards at certain access points on the Downtown Mall. He noted that driving a large vehicle into pedestrian groups at tourist destinations had become the “new terrorist trend,” and he warned that the Downtown Mall “could be an immediate threat.”
The sole response to the employee’s April 10 missive was a four-sentence email from Councilor Bob Fenwick that did not address the crossovers, the Downtown Mall or any substantive portion of the original email.


“Thank you for the email. Many of us are working on how to best protect our families, friends and neighbors, not just in the outside areas but the inside areas as well. This is a real challenge when we live in an open society but we will address it as appropriately as possible. I would not want to publicize our efforts for obvious reasons,” reads Fenwick’s response in its entirety.


The concerned employee, who told The Daily Progress his letter represented his own views and was not sent on behalf of Albemarle County or his department, asked to remain anonymous.


Chief Al Thomas said the violence was initiated by “mutually engaged combatants” at an “alt-right rally” that was met with large numbers of counter-protesters.


The employee wrote that there are “hundreds of types of traffic bollards on the market that are relatively cheap,” and that certain types still would permit access to the mall for emergency personnel when necessary.


“I know that these access points exist for public safety vehicles to enter the mall for emergency situations, therefore a collapsible type that can be quickly unlocked when needed would be best to explore,” he wrote.



James Alex Fields Jr., 20, a security guard from Maumee, Ohio, is charged with second-degree murder in Heyer's death.


When reached by email, Fenwick recalled reading the email and said that past efforts to install traffic bollards “never had enough support.”


“If I remember correctly the last time this came up, the fire department and first responders were very concerned about possible delays in immediately locating a key or a passcode, and to address this concern, I noticed more frequent training drills in moving the large safety vehicles around and down the mall,” Fenwick wrote. “Perhaps this time that will change.”


He added that in the wake of the tragedy, the city would take renewed looks at security improvements.


When asked, Mayor Mike Signer was unclear about whether he’d seen the email.


“I mean, we get thousands of emails,” Signer said. “The city manager receives all the emails that are sent to council … I think the question would be what really could stop somebody determined to use a car as a weapon?”


“I think it’s something we should look at with our professional staff who received that email,” Signer continued. “My initial inclination is we should keep striking a balance between public safety in our civic spaces with an eye toward having an open society rather than a closed one.”


Both the ACLU of Virginia and the Rutherford Institute received blame from some for the turn of events Saturday because of their representation.


City Manager Maurice Jones said he had seen the email in question, and that it had sparked a discussion about safety in Charlottesville.
“I shared those concerns especially after the incidents in Berlin, Nice and Stockholm,” Jones wrote in an email. “We have been discussing these types of bollards as part of a more comprehensive look at safety.”


In his original email, the county employee warned that there were four locations on the mall that could be targeted for a vehicular attack, including the Fourth Street crossover where James Alex Fields Jr. is accused of driving his gray Dodge Challenger into a crowd of people during Saturday’s white nationalist rally. Fields faces a second-degree murder charge, among others.


During a news conference Monday, Charlottesville Police Chief Al Thomas said that, like other streets crossing the Downtown Mall, Fourth Street was not supposed to be open to traffic during the rally, which saw thousands of white nationalist demonstrators and anti-racist protesters inundating the heart of the city.


When asked why Fields’ vehicle and two other cars were able to access Fourth Street, Thomas replied, “I’m not sure.”
A city official later confirmed that Fourth Street was supposed to be closed as part of the event’s traffic plan, and that authorities still were investigating how Fields’ vehicle and two others were able to access the street.


White nationalist leader Matthew Heimbach drew a crowd outside the court-house but was shouted down.
 
More than a decade ago, the Fourth Street crossing was a hot-button issue for the City Council. After the crossing at Second Street was opened in 1994 despite widespread public opposition, the idea of opening another crossover was floated to the council by downtown business owners.


Those owners claimed the then-recent closures of Sixth and Seventh streets for the construction of what is now known as the Sprint Pavilion had impacted their sales, and that a new crossover could ease traffic congestion and parking difficulties.


The notion faced adamant opposition from pedestrians and city residents “who want[ed] the mall to remain as car-free as possible,” according to a 2006 Daily Progress report, and the Charlottesville Planning Commission voted against the crossover earlier that year, though the council was not bound to the recommendation.


In April 2006, the council voted to open the Fourth Street crossing for a one-year trial run, which started on May 1, 2006. The following year, the city voted to make the crossover permanent, saying it had made it easier for drivers to navigate around downtown and access shops without burdening pedestrians.
“A majority of the councilors concluded that the one-year trial of the Fourth Street East crossing, which ended last month, had benefited the business community and should become an enduring fixture on the commercial strip,” reads a 2007 Daily Progress article.


Dean Seal is a reporter for The Daily Progress. Contact him at (434) 978-7268, dseal@dailyprogress.com or @JDeanSeal on Twitter. Daily Progress staff writer Chris Suarez contributed to this story.

Simple.  Clean.  Effective.  In an area with almost no setbacks and a tight space shared by cars, pedestrians, and customers with shopping carts, Walmart prevented tragedy in Princeton Texas cheaply and effectively. 

Simple lesson, well learned.  Well done, Walmart!

In a little more than a week, this town saw the tragedy, saw the problem, and resolved to find a solution. The result: an ordinance requiring safety bollards in front of retail stores and other vulnerable locations

Contact me if you want a copy of the ordinance. Here is the media report:
http://wiat.com/2017/03/01/midfield-passes-ordinance-for-barriers-in-front-of-businesses-after-fatal-crash/


Midfield passes ordinance for barriers in front of businesses after fatal crash

By WIAT Staff Published: March 1, 2017, 1:20 pm Updated: March 1, 2017, 5:36 pm

MIDFIELD, Ala. (WIAT) — The City of Midfield passed an ordinance on Monday at their council meeting after an SUV crashed into a dentist’s office, killing 6-year-old Camlyn Lee.

Midfield Mayor Gary Richardson says the ordinance is for businesses to place a barrier in front of their building if parking is within 10 feet of the entrance to the facility.

Current businesses are grandfathered in and will not have to make those changes unless they make changes to their building or the parking lot at that point the new rule will apply.

The dentist’s office Vital Smiles where the fatal crash occurred will be putting up the barrier in front of their structure.