$850,000 Paid by Shopping Plaza Owner & Okeechobee Utility Authority to Okeechobee Woman


A shopping center owner and a water company recently learned an important business lesson from Attorney Philip DeBerard. The two businesses had to pay an Okeechobee woman $850,000 because of their negligence regarding safety standards and their failure to prevent hazardous conditions.

In February 2004, Patti Simmons’ vehicle was parked behind the Okeechobee Plaza shopping center, owned Royal & Sons, Ltd. As Ms. Simmons walked to her vehicle, she unknowingly stepped into an uncovered water meter hole, causing her to fall after a heavy rain storm flooded the dark, un-illuminated parking lot, creating a hazardous situation.

The meter opening should have been covered with a plastic lid to protect pedestrians, but the lid was not properly attached and floated away when the parking lot flooded, creating this hazardous condition. The drain covers were managed by the Okeechobee Utility Authority, which did not maintain or repair them in a reasonably safe way.

The shopping center parking lot had been in an unsafe condition for a very long period time prior to this incident, and the owners did not make an attempt to rectify the dangerous conditions or take corrective measures. “The property owners have an obligation to keep their property safe,” commented Attorney Philip DeBerard. “Just as property owners have a responsibility to prevent dangerous conditions, so too must land and business owners act when inclement weather creates adverse conditions on a property.” Philip DeBerard and Robin A. Blanton represented Simmons in the action against the defendants.

Ms. Simmons suffered years of multiple neck and back surgeries that left her totally and permanently disabled and unable to return to her job as a beautician. The injuries and required medical care forced her to make substantial changes to her lifestyle.

Holiday Safety Tips

It’s that time of year! Friends, family, shopping, dining and…crime? While anytime is a good time to think about personal safety and crime prevention, Philip DeBerard would like to remind citizens of some easy techniques that will help keep them and their property safe during the holidays!



CAR PROWL PREVENTION
• When you exit or enter your parked vehicle, take a moment to look around the area.
• Turn off and lock your car whenever you have to walk away from it. This includes at gas pumps, ATM machines, etc. Never leave your car idling.
• Before leaving your parked car, always remove the keys, roll up the windows and lock the car.
• Leave No Valuables in Your Car. Never leave valuables in your car. Items of little or no value to you still look inviting to a thief. Even pocket change is enough of an enticement for some thieves.
• If you must leave valuables in your car (say you’re out shopping and still have some stops to make), make sure that nothing of value is within plain view. Place items in your car trunk out of sight. Do this when you get to your car, rather than waiting until you park at your next stop. Often, people will arrive at their destination and then put items in the trunk. They’ve just shown anyone who may be around that they just put valuables in the trunk and then walked away from their vehicles. So, if you are going to put something in your trunk, place it in before you get to your destination so you don’t show everyone that you’ve just put valuables in your trunk.
• Don’t leave accessories visible in your car. You may have taken the Laptop or IPod in with you, but if you leave the USB cables for your laptop or earbuds for the IPod in the back seat, the offender may think those items are in the car and break in anyway.
• Think about how the GPS is mounted in your car. If the mounting for the GPS is visible, the thief may think the GPS is in the glove box or under the seat and may break in to try to get it. Have removable mounting for the GPS and put that out of sight as well.
• If possible, store your car in a closed and locked garage. Make a habit of locking your garage door and car doors.
• If your car is stored in a carport or parked near your house, leave your exterior lights on throughout the night.
• If you park on the street, choose a well-lit, open space even if it means adding additional street/yard lighting & trimming back trees/bushes that block your view of your vehicle.
• If you park in a paid lot, use lots that have attendants.
• Consider replacing the light fixture closest to your car with a motion detector unit. Motion detectors are a good psychological deterrents since the normal assumption of a person seeing a light come on is that someone has seen them. Additionally, the light makes the prowler or thief more visible.
• You may want to consider an alarm system for the car. An alarm will not prevent anyone from gaining entry or damaging the car, but the noise of the alarm will draw attention to the car and therefore to the thief. Additionally, many alarm systems have a blinking red light mounted on the dash. That visible indicator may be a deterrent to would be thieves.

Holiday Road Safety: Stay Safe This Holiday Season

During the upcoming holiday season, and all year, keep safety in mind whenever you're on the road. Tips from CDC's Injury Center on motor vehicle safety can help you protect yourself, your passengers, and your family and friends.

Tips from CDC's Injury Center on motor vehicle safety can help you protect yourself, your passengers, and your family and friends. Whether you're headed around town, out of town, or out to celebrate, we wish you a safe holiday season.

Protect Your Passengers
Whenever you're on the road this holiday season, remember to always buckle up. Wearing your seat belt can reduce your risk of dying in a crash by about half. Also, make sure your young passengers are buckled into appropriate safety seats. The safest place for children of any age to ride is properly restrained in the back seat. Data show that child safety seats reduce the risk of death in car crashes by 71% for infants and 54% for toddlers ages one to four.

Learn more about child passenger safety and CDC's research and activities in this area.

Celebrate Safely
During the holiday season, and year-round, take steps to make sure that you and everyone you celebrate with avoids driving under the influence of alcohol. Following these tips can help you stay safe:
•Plan ahead. Always designate a non-drinking driver before any holiday party or celebration begins.
•Take the keys. Don't let friends drive if they are impaired.
•Be a helpful host. If you're hosting a party this holiday season, remind your guests to plan ahead and designate their sober driver; offer alcohol-free beverages; and make sure all of your guests leave with a sober driver.

Know How Much Parents Matter
This holiday season, and throughout the year, talk with your teen about the dangers of driving—and keep the conversation going. CDC also encourages you to take these steps, which have been proven to reduce serious injury and death:

•Extend your teen's supervised driving period. Help your teen develop the skills he or she needs by providing as many supervised practice driving hours as possible. Include at least 30 to 50 hours of practice over at least six months. Make sure to practice on a variety of road conditions and at different times of day.
•Set the rules of the road. Practice driving will empower your teen. But your rules will provide much needed limits to keep him or her safe.

Support the rules that most states have for new teen drivers by including the following:
◦Make sure your teen always wears a seat belt.
◦Limit your teen's nighttime driving.
◦Restrict the number of teen passengers allowed in the car.

FILE A SAFETY COMPLAINT ABOUT A VEHICLE NOW ONLINE

The Office of Defects Investigation (ODI) is an office within the National Highway Traffic Safety Administration (NHTSA). ODI conducts defect investigations and administers safety recalls to support the NHTSA’s mission to improve safety on our Nation's highways. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when ODI investigations indicate that they contain serious safety defects in their design, construction, or performance. ODI also monitors the adequacy of manufacturers' recall campaigns. Before initiating an investigation, ODI carefully reviews the body of consumer complaints and other available data to determine whether a defect trend may exist.

The Link to File a Complaint: http://www-odi.nhtsa.dot.gov/index.cfm

Safety Recalls: http://www-odi.nhtsa.dot.gov/recalls/

Defect Investigations: http://www-odi.nhtsa.dot.gov/defects/

Safe Driving Information: http://www.safercar.gov/driving.htm

Q&As: 15-passenger vans


1 What are 15-passenger vans?
These are large vans with 5 rows of seats intended to transport up to 15 people, including the driver. The federal government classifies 15-passenger vans as buses for the purpose of vehicle safety standards (49 CFR 571.3(b)).

Fifteen-passenger vans first appeared in the US market in 1972 and gained popularity during the 1990s with annual registrations increasing from about 150,000 in 1990 to over 500,000 in 2006. These vans comprised about 0.2 percent of the total US passenger vehicle fleet in 2007.

There were 503,346 15-passenger vans registered as of July 1, 2007 (see table). Two make/models accounted for 85 percent of all of these vans registered in 2007 — Ford Econo Club E-350 and Dodge B350/3500. Only three make/models of 15-passenger vans are currently produced and sold — the Chevrolet Express 3500, Ford Econo Club E-350, and GMC Savana 3500.

Number of registered 15-passenger vans by make and model, as of July 1, 2007
Model Years Make and Model Registrations
1978-2007 Ford Econo Club E-350 305,015
1981-2002 Dodge B350/3500 125,304
1996-2006 Chevrolet Express 3500 46,254
1990-1996 Chevrolet Sportvan 1T 9,402
1975-1980 Dodge Maxivan B300 5,074
1997-2007 GMC Savana 3500 8,738
1990-1996 GMC Rally 1T 3,559
Total 503,346


Note: Cargo versions of these vans not included in counts

2 Are occupants of 15-passenger vans more likely than occupants of other passenger vehicles to die in crashes?
The driver death rate in 15-passenger vans is lower than in other passenger vehicles, but the occupant death rate in the vans is higher. During 2003-07, there were 44 driver deaths per million registered 15-passenger vans. This was less than half the driver death rate (97) for all other passenger vehicles combined (cars, minivans, pickups, and SUVs). However, the death rate for all occupants, not just drivers, was higher for 15-passenger vans than for other passenger vehicle types combined — 200 versus 138 deaths per million registered vehicles. This is largely because 15-passenger vans tend to have much higher occupancy rates, so more people are at risk of dying when a crash occurs. Among passenger vehicles in fatal crashes during 2003-07, an average of 5 occupants were in 15-passenger vans compared with 2 occupants in all other passenger vehicles combined.

3 Do occupants of 15-passenger vans and occupants of other types of passenger vehicles die in similar types of crashes?
In 2007, 50 percent of the deaths of occupants of 15-passenger vans occurred in single-vehicle rollover crashes; this was the same as the proportion of occupant deaths in SUVs (50 percent) and higher than the proportion in pickups (41 percent) or cars (21 percent). Deaths of drivers of 15-passenger vans were less likely to occur in single-vehicle rollover crashes than deaths of all occupants of these vans (33 versus 50 percent); for other passenger vehicles, the proportion of deaths in single-vehicle rollover crashes was similar for drivers and all occupants.

4 Who can drive 15-passenger vans?
Although driver licensing is a state matter, states must follow federal standards for commercial drivers. These standards require drivers of vans designed to carry at least 16 occupants to have a commercial driver's license (CDL) but do not apply to vans designed to carry fewer occupants. States may impose their own restrictions if vans are used commercially, but no special license is needed for uses such as transporting a sports team or church group.

Licensing and training requirements for drivers of 15-passenger vans are of concern because some van drivers may not operate such large vehicles on a regular basis. They may be unfamiliar with the way the vans handle and how they should be maintained.

The safety consequences of extending commercial licensing requirements to drivers of 15-passenger vans are not known. If, for example, the result were fewer groups traveling by van because of a shortage of licensed drivers, then these occupants might spread out into multiple vehicles. The net safety effect of putting more vehicles on the road to transport the same number of people is unknown.

5 Are there special handling issues for 15-passenger vans?
Yes. Fifteen-passenger vans are larger than most other passenger vehicles, and an inexperienced driver may have difficulty negotiating corners, backing up, or performing other maneuvers. These vans also have high centers of gravity, making them less stable than vehicles such as cars. Adding passengers raises the center of gravity of a vehicle, so given the greater seating capacity of 15-passenger vans, they become increasingly difficult to handle and less stable as passengers are added.

6 Are 15-passenger vans less stable than other vehicle types?
Yes. A 2004 study conducted by the National Highway Traffic Safety Administration (NHTSA) looked at changes in the odds of rolling over in a single-vehicle crash as the number of occupants increased, after accounting for differences in weather and driver and roadway characteristics.1 The risk of a single-vehicle rollover crash was found to be lower for 15-passenger vans than for SUVs when the driver was traveling alone. However, adding occupants to either vehicle type increased the risk of rollover by 9-12 percent per occupant. The odds of rollover for a 15-passenger van increased more than 400 percent when fully loaded compared with a driver traveling alone. For other passenger vehicle types, the odds of rollover when fully loaded compared with a driver traveling alone increased 20 percent for cars, 50 percent for pickups, and almost 100 percent for SUVs and minivans.

Laboratory tests conducted for NHTSA found that the increased risk of rollover for 15-passenger vans was associated with their high centers of gravity.2 When test vehicles were fully loaded, the center of gravity increased 0.9 inches for minivans, 1.4 inches for 7-passenger vans, and 4 inches for 15-passenger vans.

In 2003-07, about half of the rollover deaths in 15-passenger vans occurred in vans carrying at least 10 occupants, while only 21 percent of people who died in 15-passenger vans that did not roll over were riding in such heavily loaded vans.

7 Is tire pressure a factor in crashes involving 15-passenger vans?
Improperly inflated tires can affect any vehicle's stability, increasing the likelihood of a crash. In 2005, NHTSA published the preliminary results of a survey on tire pressures among large vans. The sample included 937 15-passenger vans used by different types of organizations at 16 locations across the United States. Fifty-seven percent of the vans had at least one tire underinflated by 25 percent or more, relative to the pressure recommended by the vehicle manufacturer. About 1 in 4 vans had at least one tire overinflated by 25 percent above the recommended pressure, and 6 percent had at least one tire inflated above the maximum pressure indicated on the tire sidewall.3 In a separate survey, NHTSA found that about 30 percent of cars, minivans, pickups, and SUVs had at least one underinflated tire.4 However, the extent to which tire inflation has contributed to the crashes of 15-passenger vans is unknown. Also, automatic tire pressure monitoring systems are becoming more common on these vehicles as a standard feature.

8 Could electronic stability control (ESC) help reduce the rollover propensity of 15-passenger vans?
The technology is promising. ESC has been found to reduce fatal single-vehicle crash risk by 51 percent and fatal multiple-vehicle crash risk by 20 percent for cars and SUVs. Many single-vehicle crashes involve rolling over, and ESC effectiveness in preventing rollovers is even more dramatic. It reduces the risk of fatal single-vehicle rollovers by 72 percent for SUVs and by 63 percent for cars.5 ESC is designed to help prevent drivers from losing control of their vehicles during high-speed maneuvers or on slippery roads. It is an extension of antilock brake technology with additional sensors that continuously monitor how well a vehicle is responding to a driver's steering input. When the sensors detect the vehicle is straying from the driver's intended line of travel, ESC brakes individual wheels to keep the vehicle under control. ESC also may modulate engine speed. All 2006 and later model 15-passenger vans are equipped with ESC.

In 2004, NHTSA began publishing the results of vehicle handling tests to rate the stability of some passenger vehicles. The tests are part of the rollover stability component of NHTSA's New Car Assessment Program (NCAP), which provides consumers with vehicle safety information. In the 2005 federal highway reauthorization act, Congress told NHTSA to begin conducting tests to rate the stability of 15-passenger vans. To date, NHTSA has conducted limited handling tests of 15-passenger vans. In tests of a 2003 Ford E-350 and 2004 GMC Savana 3500 with and without ESC, drivers of the ESC-equipped vans were less likely to lose control in the kinds of high-speed maneuvers that can result in rollover.6 Still, there are not enough ESC-equipped 15-passenger vans on the road to measure the real-world effects.

See Q&A: Electronic stability control

9 What other safety features are available on 15-passenger vans?
In addition to ESC, antilock brakes, and front-row airbags, which are now standard on all 15-passenger vans, 2008-09 models of the Chevrolet Express 3500 and the GMC Savana 3500 include as standard equipment side-curtain airbags and reinforced glass. The side-curtain airbags are the largest on the market and protect occupants in the first three rows of seating. Reinforced glass, which resists breaking, is designed to prevent ejection of occupants of the fourth and fifth rows. While these safety features are promising, 15-passenger vans’ high centers of gravity make handling more difficult.

10 Is belt use a factor in deaths of occupants of 15-passenger vans?
Yes. During 2003-07, only 22 percent of fatally injured 15-passenger van occupants were restrained. Among fatally injured van occupants who were not restrained, 55 percent were fully ejected from the vehicle. In comparison, among fatally injured occupants of other passenger vehicle types, belt use ranged from 28 percent in pickups to 45 percent in cars and minivans, and the rate of ejection among unrestrained occupants ranged from 30 percent for cars and minivans to 57 percent for SUVs. Current federal rules require lap belts or lap/shoulder belts at all seating positions in all new passenger vehicles, including 15-passenger vans.

11 Is alcohol a factor among drivers of 15-passenger vans involved in fatal crashes?
Yes, but not as much as for drivers of other passenger vehicle types. During 2003-07, 16 percent of fatally injured drivers of 15-passenger vans had blood alcohol concentrations at or above 0.08 percent. This proportion was lower than for fatally injured drivers of cars (29 percent), SUVs (36 percent), or pickups (41 percent).

12 Are there any government efforts aimed at organizations transporting people to reduce occupant fatality rates in 15-passenger vans?
Most states require the use of school buses to transport children to and from school and school-related events, but some states do not. NHTSA recommends that pre-school and school-age children not be transported in 15-passenger vans. The 2005 federal highway reauthorization act prohibits pre-primary, primary, and secondary schools from purchasing, renting, or leasing new 15-passenger vans to be used significantly to transport students to and from school and school-related activities unless the vans meet the federal standards for school buses or multifunctional school activity buses. The additional design standards for school buses — such as roof rollover protection and strong, closely spaced seats with padded, energy-absorbing seatbacks — provide greater occupant protection in the event of a crash.

In 2001, NHTSA issued a consumer advisory recommending that 15-passenger vans be operated by experienced drivers familiar with handling such large fully loaded vehicles. Organizations using these vans were urged to require seat belt use at all times. A 2004 consumer advisory warned users of 15-passenger vans about an increased risk of rollover under certain conditions. In August 2003, NHTSA amended the school bus safety regulations to encourage churches and other groups to use buses instead of vans.

References
1Subramanian, R. 2004. Analysis of crashes involving 15-passenger vans. Report no. DOT HS-809-735. Washington, DC: National Highway Traffic Safety Administration.

2Garrott, W.R.; Rhea, B.; Subramanian, R.; and Heydinger, G.J. 2001. The rollover propensity of fifteen-passenger vans. Research note. Washington, DC: National Highway Traffic Safety Administration.

3Thiriez, K.K.; Ferguson, E.; and Subramanian, R. 2005. 12 & 15 passenger vans tire pressure study: preliminary results. Traffic safety facts, Research note. Report no. DOT HS-809-846. Washington, DC: National Highway Traffic Safety Administration.

4Thiriez, K. and Bondy, N. 2003. NHTSA's tire pressure special study, February 2001. Paper no. 256. Proceedings of the 18th International Technical Conference on the Enhanced Safety of Vehicles (CD-ROM). Washington, DC: National Highway Traffic Safety Administration.

5Insurance Institute for Highway Safety. 2008. Unpublished data analysis

6Forkenbrok, G.J. and Garrott, W.R. 2004. Testing the rollover resistance of two 15-passenger vans with multiple load configurations. Report no. DOT HS-809-704. Washington, DC: National Highway Traffic Safety Administration.

New tactic From Law Enforcement Agencies Nabs Unlicensed Drivers
Courthouse stings catch illegal drivers in the act as they try to drive from
parking lots
By C. Ron Allen South Florida Sun-Sentinel


Teams of state troopers and deputies have been ordered to stake out courthouses to catch drivers pulling out of the parking lot after they've lost their license.

The move is part of an aggressive crackdown by the Florida Highway Patrol and Palm Beach County Sheriff's Office on unlicensed drivers who repeatedly get behind the wheel.

The focus on these drivers is part of a plan to put the brakes on what authoritiest call an epidemic infecting the roadways. A 2003 study by the American Automobile Association found that motorists without a valid driver's license are five times more likely to be involved in a fatal crash than those properly licensed.

Under the new tactic, ordered by Maj. Luis Ramil, FHP's Troop L commander, and Sheriff Ric Bradshaw, law enforcement officers lay in wait in and around courthouses, some in plainclothes to blend in with spectators at the hearings.

When the judge suspends a driver's license, the troopers or deputies then alert their colleagues outside who nab the drivers. Additional operations are planned for Broward and Miami-Dade counties but officials would not disclose the dates.

This aggressive new approach is atypical because law enforcement agencies don't usually actively pursue these drivers, authorities said.

"It upsets anyone that reads in the paper or sees online where a driver who should not even be behind the wheel of a car has a crash, hurts someone or kills someone," said Lt. Tim Frith, spokesman for the Highway Patrol, which has about 1,500 troopers. "That strikes a nerve with anyone. What are they doing in the car in the first place? It's the first thing we hear: 'They shouldn't even been driving.' Absolutely right, they shouldn't."

Not everyone likes the tactic.

Marshall Geyser, a Fort Lauderdale defense attorney who represents motorists with traffic tickets, said he is troubled by the courthouse stings because he thinks it is a poor use of taxpayers' dollars.

"I don't agree with what they do," said Geyser, who has been practicing for 22 years. "I think that our tax dollars could be spent policing more important things. We have a boatload of violent crimes going on in both counties and throughout South Florida and they're spending their time catching people who may not be licensed."

Last year, law enforcement officers statewide wrote 379,976 tickets for driving under one or more of five categories: no license, expired license, improper license, and a suspended or revoked licenses, according to the Department of Highway Safety and Motor Vehicles. The county-by-county breakdown was unavailable.

Since the courthouse crackdown started last month, 22 drivers whose licenses were suspended by a judge have been arrested and their cars and a motorcycle were towed, officials said.

In 2008, the latest numbers available, the state suspended or revoked about 2.4 million driver's licenses, Department of Highway Safety and Motor Vehicles records show. There are nearly 16 million licensed drivers in Florida.

First-time offenders are charged with a second-degree misdemeanor and face up to 60 days in jail and a $500 fine, while a second offense can lead to a year in jail and a $1,000 fine. The third offense results in a third-degree felony and up to five years in prison and a $ 5,000 fine. But those penalties are at a judge's discretion.

Drivers can lose licenses for many reasons: failing to pay a traffic fine, failing to pay child support, and getting convicted of drug crimes or underage alcohol possession, to name a few.

The Florida Legislature has tried unsuccessfully at least four times to stiffen penalties and impound cars of unlicensed drivers. Rep. Ari Porth, D- Coral Springs, said he plans to reintroduce a bill to address the issue.

"We're not planning to increase jail time. I think [the bill] meets the needs of getting people off the road and answers the criticism that it's been perhaps too Draconian in the past," Porth said. "I do want to take people's cars away from them until they have cleaned up their licenses but this is a somewhat softer approach."

Although authorities are focusing on courthouse blitzes, they still plan to conduct checkpoints.

"I don't know what more can we do," Frith said. "Are people finding it inconvenient and irritating at times? Absolutely, but there is a greater portion of the public that feels they are necessary. They love the fact that we are removing drivers that shouldn't be out there and possibly could hurt or even kill their loved ones."

C. Ron Allen can be reached at crallen@SunSentinel.com or 561-243-6611.