Woman who fell into a fountain while texting

[PaulaSB12]

is Suing the mall the fountain was in

http://abclocal.go.com/kabc/story?section=news/bizarre&id=7910045

 

[NHdisneylover]

Actually, I think she has a point. She isn't suing because it is "dangerous" or she thinks they are responsible for her fall. She is suing about the invasion of privacy that occurred when the security camera footage of her fall was made public--for clearly no reason other than to laugh at her. I am not sure if that is really illegal, but it sure as heck is not professional or in good taste.

 

[PaulaSB12]

Actually, I think she has a point. She isn't suing because it is "dangerous" or she thinks they are responsible for her fall. She is suing about the invasion of privacy that occurred when the security camera footage of her fall was made public--for clearly no reason other than to laugh at her. I am not sure if that is really illegal, but it sure as heck is not professional or in good taste.

Considering you couldn't see that much detail if the stroppy mare had just kept quiet who would have known it was her?

 

[AKL_Megs]

Considering you couldn't see that much detail if the stroppy mare had just kept quiet who would have known it was her?

I thought the same thing!

She's just embarassed and now she wants to sue.

And privacy? She was in a PUBLIC mall where everybody knows they are on about 1,000,000 CC cameras. Seriously. She's just embarrassed she did something so crazy and got laughed at.

If you laugh at me when I slip on ice, and them post about it on Facebook, can I sue you? It's just as ridiculous!

 

[aaronella]

Just heard on our local TV station that she is facing felony charges for an unrelated incident! I guess her 15 minutes of fame is not over yet!!!

 

[Kimberle]

It should be thrown out of court. Are courts are busy enought with criminal, child abuse, etc cases. They don't need to waste their time on something so trivial. She's embarressed, so what! Next time pay attention to what you're doing! You can't tell who she is anyway.

 

[Mermaid02]

Considering you couldn't see that much detail if the stroppy mare had just kept quiet who would have known it was her?

I agree- for all you could see, it could have been just about anyone. She just wants to make a quick $$. I hope she loses.

 

[torinsmom]

I heard she works at the mall, so I guess it is well known who she is. I heard her ranting and raving about how dangerous it was to text and walk; well, duh, why are you suing someone else then? Do they even know who leaked the footage?

 

[Klismania]

I went to Youtube and caught the entire video. Based on that, I have to say that if the mall is comfortable with their security guard's friends taping this particular incident off of security cameras (via cell phone) and posting it on the internet, and nothing happens to that mall or those guards because of it, what else is going to be allowed because it happened to have been caught by security cameras?

It's always been my experience that guard shacks and security rooms are supposed to be employees only and those employees are bound by the rules and regulations of their job, so this video would NEVER have gotten out onto the internet without repercussions to the employee who put it there. But in this case you have what sounds like a bunch of friends visiting their working friend and taking advantage of privileged information in order to make fun of another human being.

They weren't taping the incident in a mall while it was happening, they were taking advantage of something that isn't routinely available to the general public - a taped recording of the incident - and using it for private purposes. So if it weren't for the mall's privileged information this embarassing incident would have been limited to merely the people who were witnessing it at the time and it would have been forgotten.

IMO, the mall IS responsible. To not make a precident of this improper disclosure of privileged information is to allow other invasions of privacy to be broadcast on the internet. Remember, it's all fun and games until it's your full-body spectrum scan that's being used for hilarity on Youtube.

 

[Mermaid02]

I went to Youtube and caught the entire video. Based on that, I have to say that if the mall is comfortable with their security guard's friends taping this particular incident off of security cameras (via cell phone) and posting it on the internet, and nothing happens to that mall or those guards because of it, what else is going to be allowed because it happened to have been caught by security cameras?

It's always been my experience that guard shacks and security rooms are supposed to be employees only and those employees are bound by the rules and regulations of their job, so this video would NEVER have gotten out onto the internet without repercussions to the employee who put it there. But in this case you have what sounds like a bunch of friends visiting their working friend and taking advantage of privileged information in order to make fun of another human being.

They weren't taping the incident in a mall while it was happening, they were taking advantage of something that isn't routinely available to the general public - a taped recording of the incident - and using it for private purposes. So if it weren't for the mall's privileged information this embarassing incident would have been limited to merely the people who were witnessing it at the time and it would have been forgotten.

IMO, the mall IS responsible. To not make a precident of this improper disclosure of privileged information is to allow other invasions of privacy to be broadcast on the internet. Remember, it's all fun and games until it's your full-body spectrum scan that's being used for hilarity on Youtube.

Is there an expectation of privacy as you walk through a very public mall?

 

[bicker]

Probably not, but there is a reasonable expectation that your likeness will not be presented in a compromising manner to the public without your permission. A news service might be able to get away with it, based on fourth estate protections, but a general video site like YouTube shouldn't be able to.

 

[Lisa_M]

I heard she works at the mall, so I guess it is well known who she is. I heard her ranting and raving about how dangerous it was to text and walk; well, duh, why are you suing someone else then? Do they even know who leaked the footage?

I heard the same. If she didn't sue, then this probably would have not reached an LA news station. She is responsible for her own humility. (note: I do think that the security guard acted inappropriately and should be fired)

 

[Mermaid02]

Probably not, but there is a reasonable expectation that your likeness will not be presented in a compromising manner to the public without your permission. A news service might be able to get away with it, based on fourth estate protections, but a general video site like YouTube shouldn't be able to.

I thought, truthfully, she was unidentifiable. You couldn't see her face AT ALL. She could have been anyone.

 

[maxiesmom]

She is a nut who should be ashamed of herself for suing. First off, she is mad that no one came to her aid. She got right up! There was not time for anyone to come to her aid. Second, you can't even tell it is her on the tape. She is the one putting that out there, she is drawing all this attention to herself. What a dingbat.

 

[bicker]

I thought, truthfully, she was unidentifiable. You couldn't see her face AT ALL. She could have been anyone.

So you're saying that the only way this video could have been tied to her was through her seeing it, recognizing that it was a video of herself, and so her lawsuit was what made the only linkage?

 

[Mermaid02]

So you're saying that the only way this video could have been tied to her was through her seeing it, recognizing that it was a video of herself, and so her lawsuit was what made the only linkage?

Obviously I'm not a lawyer but I dont' see how this is lawsuit worthy.

 

[bellebud]

I agree that the security people putting this out on youtube isn't right. They overstepped their boundries.

If it was just another person in the mall w/their videophone taping it and posting it on youtube, that's different, and too bad, so sad for her. Don't text and walk... and learn to laugh at yourself a little, we all do embarrassing things from time to time.

 

[Mermaid02]

I agree that the security people putting this out on youtube isn't right. They overstepped their boundries.

If it was just another person in the mall w/their videophone taping it and posting it on youtube, that's different, and too bad, so sad for her. Don't text and walk... and learn to laugh at yourself a little, we all do embarrassing things from time to time.

True, so reprimand them or fire them or whatever (fwiw they are not mall employees, heard that yesterday).

 

[FINFAN]

Just heard on our local TV station that she is facing felony charges for an unrelated incident! I guess her 15 minutes of fame is not over yet!!!

I *think* she is facing charges for identity theft,,,how, ummmm, ironic?

 

[diz4ever]

Does anyone know what mall this was? I live near and it doesn't look familiar.