Woman who fell into a fountain while texting

[bicker]

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

I don't necessary disagree, but the reason why is because the lawsuit should never have been necessary. The video should never have left the possession of those who had legitimate need for it. If this video can be released like this, what's next? Some people in this thread seem to be saying that it okay to post compromising pictures of people as long as you can't see the person's face, so does that mean it is okay to let changing room security videos get out? Instead of focusing on the legitimacy of the lawsuit or lack thereof, why not focus on the root of the problem, the very clear lack of legitimacy of the releasing of this video?

 

[bellebud]

I don't necessary disagree, but the reason why is because the lawsuit should never have been necessary. The video should never have left the possession of those who had legitimate need for it. If this video can be released like this, what's next? Some people in this thread seem to be saying that it okay to post compromising pictures of people as long as you can't see the person's face, so does that mean it is okay to let changing room security videos get out? Instead of focusing on the legitimacy of the lawsuit or lack thereof, why not focus on the root of the problem, the very clear lack of legitimacy of the releasing of this video?

I totally agree.

 

[Mermaid02]

I don't necessary disagree, but the reason why is because the lawsuit should never have been necessary. The video should never have left the possession of those who had legitimate need for it. If this video can be released like this, what's next? Some people in this thread seem to be saying that it okay to post compromising pictures of people as long as you can't see the person's face, so does that mean it is okay to let changing room security videos get out? Instead of focusing on the legitimacy of the lawsuit or lack thereof, why not focus on the root of the problem, the very clear lack of legitimacy of the releasing of this video?

If she was naked when she fell into the fountain I could see the analogy, but she wasn't.

Reprimand those who leaked the video, but suing to cash in? Frivolous.

 

[kwitcherkicken99]

This case, while it may have merit, cannot possibly go very far.

The internet is an unrestricted outlet and the idea that someone is suing because of an internet posting (that doesn't show violence or acts of questionable means [this is a family board - use your imagination]) that is a taping of a taping will not be censored. There are groups that fight that DAILY. It's no different than people going to a premiere or preview of a movie, video recording it, and posting it online.

No agency wants to attack this monster of "censorship". She may get something in punative damages, but my guess is that it will be dismissed.

 

[Huggles]

I wouldn't put it past her to try to sue the phone manufacturers for having the facility to text on the phone and for not having a warning about it being dangerous to text and walk at the same time! But Judge, I knew it was dangerous to drive and text but no-one warned me about the danger of walking and texting!

 

[ckay87]

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

This is the mall I visit- Berkshire Mall in Wyomissing
(hometown of Taylor Swift and the Gosselins Aren't we special??)

Takes place at the fountain right outside of Boscov's.

She should NOT sue, but I did think.... did security ever offer to help? At all? That actually was a brutal fall-she tripped over concrete and landed on wet concrete (fountain is only a foot or 2 of water.) And if security didn't help, what IS security there for? Isn't that somewhat part of their job? Not to mention she was dripping water all over the place and had to somehow get home in 20 degree temps. Her rap sheet aside, a person could use a hand in this situation.

I heard this morning that at least one of the security guys was fired.

 

[JLTraveling]

Did anybody catch Anderson Cooper's take on this last night? I've never seen him so snarky, I woke up the entire house laughing my butt off. Here's the video:

http://www.youtube.com/watch?v=ze0OuDq9keM

I think Anderson's right. She was entirely unidentifiable until she identified herself. I can't imagine there's a lawsuit in this at all.

 

[Toad_Passenger]

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

Supposedly she racked up $5000 on a friend's credit card. The local paper also said she has outstanding charges stemming from a hit and run incident, as well.

Maybe she's suing because of all the court fees she's going to be piling up.

 

[Geoff_M]

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.

In the best case scenario that would be a legal "Hail Mary" play. That's not going to happen here for several reasons:
1) It happened in a public space with no reasonable expectation of privacy.
2) She isn't recognizable in the video. Our courts have consistently held in invasion of privacy and right of publicity cases that unless someone can be readily identified in a work by the general public then there's no violation.
3) While certainly "embarrassing" to a degree, it's hardly the sort of thing that courts have ruled that members of the general public should be shielded from (unlike a public figure). If the woman had lost articles of clothing, then that might have been a different story.

Best case, she's hoping for a quick settlement from the Mall. If they go to trial, she'll lose.

As for the source of the video, the second I saw it one of my first thoughts is that the Mall security staff heard off camera would all loose their jobs. I agree that one would expect that the retail stores and malls that you visit won't release such tapes outside of their confines, but it's a PR problem and not a legal one.

 

[MichelleVW]

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.

I agree. I saw her on Good Morning America yesterday and then again on the news last night. If she had just kept quiet no one would have known who she was. She said she was upset that no on came to her aid to make sure she was ok....uh hello, she got up and walked off, I'm sure she was fine.

What cracked me up was that she said she NEVER texts and walks except that one time. Then they asked what was so important in that text and she said, "I was texting my friend FROM CHURCH" So, because she was texting her friend FROM CHURCH it was ok?

 

[Jennasis]

This is the mall I visit- Berkshire Mall in Wyomissing
(hometown of Taylor Swift and the Gosselins Aren't we special??)

Takes place at the fountain right outside of Boscov's.

She should NOT sue, but I did think.... did security ever offer to help? At all? That actually was a brutal fall-she tripped over concrete and landed on wet concrete (fountain is only a foot or 2 of water.) And if security didn't help, what IS security there for? Isn't that somewhat part of their job? Not to mention she was dripping water all over the place and had to somehow get home in 20 degree temps. Her rap sheet aside, a person could use a hand in this situation.

I heard this morning that at least one of the security guys was fired.

FOR SECURITY...not first aid...they aren't called "Assistance Guards".

While I think she had no legal leg to stand on, the security guard who allowed his friend INTO security and to tape the fall should be fired.

 

[bellebud]

now i'm wondering if she did it on purpose so she could sue and get some money. she certainly doesn't sound like a stand-up, law abiding citizen with these other charges against her.

she probably didn't think about the security tape being leaked, but she might have thought... I'll fall, and sue. People do it all the time.

 

[MichelleVW]

While I think she had no legal leg to stand on, the security guard who allowed his friend INTO security and to tape the fall should be fired.

I agree.

 

[Geoff_M]

She said she was upset that no on came to her aid to make sure she was ok....uh hello, she got up and walked off, I'm sure she was fine.

If you look, she also whips her head around a couple of times as she's getting out. It looks like she's hoping that no one saw here fall in.

 

[MrsPete]

So let me get this straight . . .

She was embarassed and didn't want anyone to know she'd done it.
So she sues, gives an interview to the TV news, and makes it super-public.

I'm thinking falling into fountains isn't her only problem. She needs to drop the lawsuit and spend her time working on basic logic and common sense. What could've blown over in a couple days is now taking on larger proportions.

 

[Toad_Passenger]

If you look, she also whips her head around a couple of times as she's getting out. It looks like she's hoping that no one saw here fall in.

In the 2nd angle of her falling. There seems to be a couple walking on the far side, who may have seen her fall in. The best part is that as she is getting out, they do a complete 180 and start walking the other way. Almost as if to say, "Uh-oh, crazy lady in the fountain, I'm not going near her!"

 

[ckay87]

FOR SECURITY...not first aid...they aren't called "Assistance Guards".

While I think she had no legal leg to stand on, the security guard who allowed his friend INTO security and to tape the fall should be fired.

Ok, I phrased that wrong. Of course they are there for security, but it wouldn't have killed them to offer a hand rather than sit there and laugh. If they can help a little lost kid find his parents they can offer a person, in an obvious hairy situation, a little bit of help.

Again, this particular woman is a nutjob and shouldn't sue - but for all the security guards knew at the time they watched the video, she could have been an elderly nun. Give her a hand for crying out loud.

Oh I did want to add, this is not a large mall at all. Pretty much 1-story and you can walk end to end in 2 minutes.

 

[littleteapot]

Ok, I phrased that wrong. Of course they are there for security, but it wouldn't have killed them to offer a hand rather than sit there and laugh. If they can help a little lost kid find his parents they can offer a person, in an obvious hairy situation, a little bit of help.

Again, this particular woman is a nutjob and shouldn't sue - but for all the security guards knew at the time they watched the video, she could have been an elderly nun. Give her a hand for crying out loud.

Oh I did want to add, this is not a large mall at all. Pretty much 1-story and you can walk end to end in 2 minutes.

Was she anywhere near the security guards? It looks like she got right up and walked off, were they supposed to track her down? If I'd done it, and yes I'll admit to walking and texting, I'd have been head down running out of there!

 

[Jennasis]

Ok, I phrased that wrong. Of course they are there for security, but it wouldn't have killed them to offer a hand rather than sit there and laugh. If they can help a little lost kid find his parents they can offer a person, in an obvious hairy situation, a little bit of help.

Again, this particular woman is a nutjob and shouldn't sue - but for all the security guards knew at the time they watched the video, she could have been an elderly nun. Give her a hand for crying out loud.

Oh I did want to add, this is not a large mall at all. Pretty much 1-story and you can walk end to end in 2 minutes.

She got right up. If she required assistance, she wouldn't have gotten up and walked away. Would it have killed the passers-by who SAW her fall to stop and help? How about the employee of the store she walked into right afterwards soaking wet)? As for the security guy, frankly, all he can do is call 911 for medical emergencies. Should he get her a towel? A blow dryer? New clothes? Offering her help could also be construed as an admission of fault by the mall...I would bet they have a policy about these kinds of things.

Sad but true. And the reality is, SHE WAS FINE. Not hurt (aside from her pride). Oh, she had to go home in the cold? Maybe she should watch where she's walking next time. I wonder if she is this careless while walking, how she does behind the wheel of a vehicle.

 

[happygirl]

She a nut job, she just purely out for money.