Woman who fell into a fountain while texting

[Mermaid02]

Judge Judy should rule in this case!

Where is she? She posts once in a while!

 

[Creativebeth]

"Stupid is, as stupid does!" -Forrest Gump

 

[Klismania]

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.

One thing I don't get, and forgive me if this was mentioned before, but if she did not say anything the whole thing would have gone away in a few days. You can't make out who the person is in the video. It is just a blurry figure in dark clothing. Nobody would have known it was her if she didn't come forward.

Right?

It's my understanding that she did nothing until the video was posted on Youtube. So if the people who recorded the security video in the guard's room on their phone hadn't jacked the recording and put it on Youtube, this wouldn't be an issue.

Let's put another perspective on it. If a robbery occurred in any of those stores, then the video would be considered evidence that the mall may or may not choose to turn over to the police. It's within the mall's right to consider their video private property that may need a court order before they turn it over. Why was this particular video not considered private property as well?

Another argument is that you have to get people's permission before releasing their likeness to the public. Especially if that likeness is collected via hidden or obscure means such as a camera in the ceiling. While we may not have known this woman from Adam, those who know her in real life may have recognized her. Instead of her trying to forget an embarrassing incident, she's now having to face family, coworkers and acquaintences snickering at her for days or weeks, not to mention they could retain a copy of said accident for future purposes and/or intents.

Do I believe she deserves millions because she was texting and fell into a fountain because she wasn't watching where she was going? No. Do I believe the mall should be penalized because their agents (the guards):

1). Allowed non-employee personnel into a what should have been a secure area
2). Mall agents not only allowed non-employee personnel to record one of their surveillance camera images but rewinded the incident to play again and re-presented the incident from a different angle
3). The mall's agents allowed publication of that video on Youtube

You bet I do. Because if they'd do that to this woman, then they wouldn't think twice about doing it to me.

All's fair if you happen to be in a public place and someone happens to catch you on their phone when you accidentally slip on ice or fall into a fountain. I'd question the humanity of anyone who would do that, but it's not necessarily a lawsuit-worthy issue unless and until that photo or video causes more harm to the person depicted.

But this incident doesn't fall under that example. Not even close.

 

[Tess]

Even more embarrassing is the fact that she left GMA yesterday to appear in court on charges of identity theft, among others. Further, this isn't her first go around with the court system. She apparently stole a co-worker's credit card and used it to charge merchandise totaling over $5,000. Personally, I think she has more to be embarrassed about than a You Tube video.

Oh yeah, now she has decided that all she would like is an apology.

 

[Geoff_M]

Do I believe the mall should be penalized because their agents (the guards):

1). Allowed non-employee personnel into a what should have been a secure area
2). Mall agents not only allowed non-employee personnel to record one of their surveillance camera images but rewinded the incident to play again and re-presented the incident from a different angle
3). The mall's agents allowed publication of that video on Youtube

Unless there's law that I'm not aware of (and I'll admit that I'm not a lawyer), such video is not considered privileged or confidential. As such, the Mall would be under no obligation from protecting its release or from being seen by non-employees. Should the guards have done it? No. Do they deserve to be sanctioned for their actions? Yes. Lawsuit? No.

I'd question the humanity of anyone who would do that, but it's not necessarily a lawsuit-worthy issue unless and until that photo or video causes more harm to the person depicted.

The woman in the video will have a very hard time claiming "harm" in court by the video's release. While personally embarrassing, it's doubtful that even her friends could have ID'ed her with certainty from the relative poor quality of the "video of a video". She'd have a hard time making the claiming emotional distress from people pointing to her as she walked down the street while saying "Look, there's that idiot from the Mall fountain video!" based on the YouTube video alone. If that happens, it'd be more than likely due to her subsequent stepping into the media spotlight and saying "That was me!"

 

[KiKi Mouse]

Even more embarrassing is the fact that she left GMA yesterday to appear in court on charges of identity theft, among others. Further, this isn't her first go around with the court system. She apparently stole a co-worker's credit card and used it to charge merchandise totaling over $5,000. Personally, I think she has more to be embarrassed about than a You Tube video.

Oh yeah, now she has decided that all she would like is an apology.

Did she not think that her closet skeletons wouldn't become public knowledge after going to the media. Now she looks like a bigger idiot who is trying to get a quick buck.

There was a security camera video on you tube making the rounds where I live. They caught a guy walking through the mall corridor who stopped at a large potted plant, dropped his pants and sat in the pot and did his business!
Maybe he should sue too...lol

 

[nathalee81]

While I don't believe that the security people should have posted the video on the Internet, I don't believe that this woman should get anything in her suit against the mall.

The mall employees that posted the video should be fired. That is about it.

Her case about being "embarrassed" by the release of the video kind of falls apart when she is going on major news outlets and announcing her identity.

She wasn't hurt physically, was she? It didn't hamper her reputation, did it (it appears she is doing a fine job of destroying that all by herself by stealing from her co-workers)? So, what exactly does she think she should get compensation for?

By the way, if anyone is horrified by the posting of this video on the web-you should try to watch Tosh.0 one night. Some of the videos he shows will just make you cringe.

 

[laurie31]

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.

Well, according to this story, not very well!

http://readingeagle.com/article.aspx?id=280672

The hit-and-run case stemmed from an accident April 23, 2009, in the 900 block of Perry Street.

She ran a stop sign and struck a car, which then hit three parked cars. Two of the damaged cars had to be towed.

Cruz, who was driving with a learner's permit, told police she panicked and drove off.

She was charged with careless driving and related charges and sentenced by Judge Thomas Parisi to one year of probation.

That's what DD14 would call an "epic fail" Driving without a licence, running a stop sign, damaging 4 other cars, and then leaving the scene. Niiiiiiiice.

On the one hand, yeah it's not right that security made the tape public, but on the other hand, if I do anything THAT stupid in public, I would almost expect that it would show up on the internet. Welcome to the 21st century.

And like everyone has said, the world would never have known if she'd just kept her mouth shut.

 

[jrmasm]

Whenever I see this thread it makes me think of the video and I laugh and laugh and laugh!

Just sayin'

 

[hulagirl87]

I'm watching Fox news right now and they are talking about it. Megyn Kelly is cracking me up. She doesn't feel bad for her at all, she is mocking her!

how do you miss the fountain? and from what I see, her left leg comes up, like she knows she is going to fall in, or she "wants" to.

 

[Mrs. Darcy]

Wow so maybe she planned it just to sue??

When I saw the video, it was hilarious. If she didn't do it on purpose, she should have laughed it off and learned a lesson to pay attention to where's she's walking. It would have been a funny story to tell her friends "you'll never guess what happened to me today?"

 

[EllenFrasier]

Exactly why I do not text and walk! I can't even walk and talk to someone next to me without risking bumping into something - this could so have happened to me! But I would not have sued. I would have laughed my a$$ off at myself and got on with the rest of my life!
Now as far as the tape being made public by the mall security - that person should be fired.

 

[nathalee81]

Well, according to this story, not very well!

http://readingeagle.com/article.aspx?id=280672



That's what DD14 would call an "epic fail" Driving without a licence, running a stop sign, damaging 4 other cars, and then leaving the scene. Niiiiiiiice.

On the one hand, yeah it's not right that security made the tape public, but on the other hand, if I do anything THAT stupid in public, I would almost expect that it would show up on the internet. Welcome to the 21st century.

And like everyone has said, the world would never have known if she'd just kept her mouth shut.

Okay, so let me get this straight. She hits a car and runs off, but someone was supposed to come running to her aid when she fell in a fountain but got up and left? Right. This woman is a nutter.
You know what this is called? Karma.

 

[EMom]

1. That youtube video was, for all purposes, a PSA. If ever there was a lesson regarding not texting while walking, etc., THAT is it.

2. The more I learn, the more I think she is out for a quick buck. Based on her record of theft, if she can't steal it, she'll sue for it.

3. She works at the mall. What are the odds she wasn't aware a ginormous fountain was there? Come on........

4. Anyone who springs up that fast isn't hurt. She jumped out of that fountain like a fish out of a frying pan. She was fine. I notice she did scamper off to a nearby store to report to a worker that she'd fallen in the fountain. I guess when she looked around as she was getting out and no one "came to her aid" she figured she lacked for witnesses, so she'd better round some up.

5. The custodian appears to approach her and ask if she's okay. She dismisses him. No help needed.

6. Why do people keep assuming security was right there and ignored her? They may have been at the other end of the mall. When you watch the video and hear someone laughing, that's them watching the recording long after the incident.....they're not watching and laughing as it happens.

7. Her whole "they've humiliated me" whine is B.S. No one would have known it was her and it would have been forgotten except for her braying like a ....donkey.....on every TV show she could get on.

8. Maybe the person shouldn't have taped the recording and put it on youtube. (Although I thank them.....I haven't had that good a laugh in ages.) The mall fired the security guard in question. That ought to satisfy her unless she's only out for money. And money will never buy her a brain, ethics, morals, or probably lessen her itch to steal or sideswipe cars and leave the scene. She's a mess. A greedy mess. "DADDDDDDDDDDY!!!!!!!"

9. There's a 50% chance she "fell" in on purpose. I'm still making up my mind regarding her lifting her leg as she falls in.....while texting a lady FROM CHURCH. Amen. You just know she spends oodles of time in church, don't you? Well, there are lots of pretty gold things in many churches.......

What a maroon........

 

[Lisa_M]

Just wondering, with all these charges and past history of retail theft, how does this woman have a job in retail at a mall?

 

[dakcp2001]

Okay, so let me get this straight. She hits a car and runs off, but someone was supposed to come running to her aid when she fell in a fountain but got up and left? Right. This woman is a nutter.
You know what this is called? Karma.

Haha you are so right! KARMAAAAAAAAAA

 

[bicker]

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

That would make sense only if you consider nudity to be the only compromising depiction possible. It isn't.

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

Suing people for money is a way to reprimand them.

 

[Mermaid02]

I still think she's only in it for the $$. Her feelings aren't hurt nor is her pride.

 

[ChrisFL]

Suing people for money is a way to reprimand them.

Only if it's going to the right place. I don't see how suing the mall or the security company due to the actions of a lone employee who was subsequently fired will help anything, but I guess this nutjob wants money any way possible.

 

[bicker]

Only if it's going to the right place.

The point of reprimand is to punish someone who did something wrong. Something is effective as a reprimand as long as it takes something away from the transgressor. Where that "something" goes has no impact on its effectiveness as a reprimand.

You may wish that the money goes somewhere else, but I'm sure we all wish we could control a lot more of where money goes in our society.

I don't see how suing the mall or the security company due to the actions of a lone employee who was subsequently fired will help anything

Are you kidding? Imagine if this lone employee posted details from medical records stored in the mall security office. Wouldn't you expect that the mall or the security company would be held to account for that violation? Of course. They can assert the same control over the security video, if they are made to realize that they indeed have a responsibility to treat the sometimes invasive video they take in that manner.