Woman who fell into a fountain while texting

[hereyago]

She was the fool who texting while walking and fell in 2) that video is not the best quality,etc, but she is also the fool who came forward and said it was her. Now , had she kept her big trap shut, there wouldn't be a continuation of the story.

Even if the security tape hadn't been leaked, even a 12 year old girl could have videod it on her phone and put it on youtube.

 

[LuvCuteBoys]

Accountable for what?

Using a security video for a purpose other than what it was intended for. I think it's wrong, and sometimes a precedent needs to be set.

 

[Mermaid02]

While the lawsuit is over the top, I don't think the video should have been posted, just as I don't think sites like People of Walmart should be legal.

Somebody compared it to paparazzi. If I remember correctly (which I may not), there was a case with a well known actor concerning paparazzi photographing them while out in public. The judge specifically stated that because they chose to live their life in the public eye, they had no expectation of privacy. The implication is that you or I, who choose not to live our lives in the public eye, would have an expectation of privacy while in public.

Yes, the mall was a public place. Just like Wal Mart or anyone else. So does that mean that if you don't want an embarassing photo or video of yourself to end up on one of these sites, you should never go out in public? That seems like quite the shame. We all have embarassing moments; we all trip and fall, or spill something, or make an unfortunate fashion choice. Why does that have to be put out there for the whole world to see without our consent?

What exactly was the purpose of posting that site?

The purpose was to point out that there is a site like that and nobody is suing- or if they are, they aren't winning or we would have heard about it.

I have no opinion one way or the other about the site.

 

[Eeyores Butterfly]

I guess it begs the question: At what point do we give up any expectation of privacy? And should we have to?

This makes me wonder, if somebody were to see their own picture on People of Walmart and request that it be taken down, would they oblige?

 

[Eeyores Butterfly]

The purpose was to point out that there is a site like that and nobody is suing- or if they are, they aren't winning or we would have heard about it.

I have no opinion one way or the other about the site.

I know that site is there. In fact, I specifically referenced it in my post. I never said that it was currently illegal, just that maybe it should be. Or at the very least, if somebody asks that their photo be removed they should have to comply.

 

[Mermaid02]

I guess it begs the question: At what point do we give up any expectation of privacy? And should we have to?

This makes me wonder, if somebody were to see their own picture on People of Walmart and request that it be taken down, would they oblige?

I have no idea.

Again- if Fountain Lady wanted privacy, she should have kept her big fat trap shut and not done the morning show circuit! She wants a quick buck- probably to pay for the restitution to the victims of her alleged theft.

If you didn't watch the Anderson Cooper link- I highly suggest it. I rarely agree with him, but he hit this right on the head.

Reports say the security guard was fired. Now he will have to go find another minimum wage job to support his family- is everyone happy?

 

[Mermaid02]

I know that site is there. In fact, I specifically referenced it in my post. I never said that it was currently illegal, just that maybe it should be. Or at the very least, if somebody asks that their photo be removed they should have to comply.

I didn't see where you referenced that site- my sincerest.

 

[Geoff_M]

Sometimes the only way to hold people accountable is to sue. I'm not a fan of how sue-happy our society is, but the fact that you couldn't see her face is not the issue here as far as I'm concerned.

What is the point of filing a lawsuit that you will almost certainly lose? How does that hold anyone accountable or show anyone anything? In order to prevail in a civil lawsuit you must demonstrate some measurable harm. If I were a judge and this woman came before me, and I asked her what real harm she had suffered as a result of the release of the video... what persuasive answer might she give?

However, I must say what if she had filed a small claim against the mall for the replacement of her cell phone (which I assume was water damaged) claiming that the fountain wasn't sufficiently marked so you could see it with your peripheral vision, I might be more sympathetic.

 

[LuvCuteBoys]

Reports say the security guard was fired. Now he will have to go find another minimum wage job to support his family- is everyone happy?

Would be happier if he hadn't done it in the first place. As many people have pointed out... stupid is as stupid does. Are we supposed to feel sorry for him?!

 

[Mermaid02]

Would be happier if he hadn't done it in the first place. As many people have pointed out... stupid is as stupid does. Are we supposed to feel sorry for him?!

I dont' feel sorry for him- I just think this is sufficient. The guy lost his job. She has no grounds to sue anyone.

 

[eliza61]

Using a security video for a purpose other than what it was intended for. I think it's wrong, and sometimes a precedent needs to be set.

they have been held accountable, they have been fired. No one feels sorry for them, but I'm definitely not crying over the women who lost the game of blind mans bluff. So once again precedent on what? The rash of security films being used for entertainment purposes? Security guards behaving badly, whew that can take awhile?

If that's the case, can I sue Disney for guest behaving badly? Can I sue parents for out of control children who make my mall shopping experience nerve wracking?

 

[Eeyores Butterfly]

I have no idea.

Again- if Fountain Lady wanted privacy, she should have kept her big fat trap shut and not done the morning show circuit! She wants a quick buck- probably to pay for the restitution to the victims of her alleged theft.

If you didn't watch the Anderson Cooper link- I highly suggest it. I rarely agree with him, but he hit this right on the head.

Reports say the security guard was fired. Now he will have to go find another minimum wage job to support his family- is everyone happy?

I absolutely agree. At this point, I am thinking of the issues beyond the individual incident. She should not have said anything, and kept it between herself and the mall.

 

[LuvCuteBoys]

What is the point of filing a lawsuit that you will almost certainly lose? How does that hold anyone accountable or show anyone anything? In order to prevail in a civil lawsuit you must demonstrate some measurable harm. If I were a judge and this woman came before me, and I asked her what real harm she had suffered as a result of the release of the video... what persuasive answer might she give?

I'm looking at this from a completely different perspective than the majority. That's nothing new. LOL.

Putting aside her comment that nobody came to her aid, she said that when she complained to security, nothing was done about it.

If what the previous poster stated was true, and this security person has now been let go... maybe the reason they did finally take action was because of the attention that was brought because of the lawsuit.

Since I don't know this woman from Adam, maybe that was the point of the lawsuit? Obviously we'll see if the suit gets dropped.

But maybe now other security people in other companies won't be so quick to post a security video on YouTube.

 

[marlynnp]

I'm looking at this from a completely different perspective than the majority. That's nothing new. LOL.

Putting aside her comment that nobody came to her aid, she said that when she complained to security, nothing was done about it.

If what the previous poster stated was true, and this security person has now been let go... maybe the reason they did finally take action was because of the attention that was brought because of the lawsuit.

Since I don't know this woman from Adam, maybe that was the point of the lawsuit? Obviously we'll see if the suit gets dropped.

But maybe now other security people in other companies won't be so quick to post a security video on YouTube.

Of course she said that, but she's a known thief and a liar.

 

[Geoff_M]

I guess it begs the question: At what point do we give up any expectation of privacy? And should we have to?

When you step into a public space like a mall, you legally have surrendered your "expectation of privacy". Whether you think we should or not is immaterial, that's the current interpretation of the law.

 

[hereyago]

She didn't need help, she got out on her own accord and walked fine after that. It all happened in a few seconds time,. personally, I think she did it on purpose.

 

[Geoff_M]

If what the previous poster stated was true, and this security person has now been let go... maybe the reason they did finally take action was because of the attention that was brought because of the lawsuit.

I don't think there was any "finally" to it... I think he was sacked prior to the suit. The firing also wouldn't have any impact on the likelihood of winning a suit. It wasn't a defensive move on the mall's part. I knew the guy was toast when I first watched the video and realized its source.

 

[wdwmom0f3]

I think she would have had more respect if she had turned this in to Americas Funniest home Videos, and she may have won $10K! Then she would be thanking the security guard.

 

[nathalee81]

Welcome to the 21st century-I don't think anyone knows what our expectation of privacy is anymore.

We live in a society of myspace, facebook, iphones and all sorts of gadgets. We all want to be connected and we want it to happen quickly and at the touch of a few buttons. You take the good with the bad. The same phones that can take your son's photo and then e-mail to a hundred of your friends, is the same phone that can be used to record an embarrassing moment and plaster it on youtube. The same security cameras that keep you safe can be used (by the wrong people) to make fun of an awkward trip or fall into a fountain.

We extol the virtues of our wonderful technology, but then can't understand when something like this happens.

It is what it is.

I've said it on this thread and I will say it again. I don't feel bad for this woman. She isn't my grandmother (who would never hit a vehicle and then run or steal from her co-workers), and she certainly isn't a victim of anything other than her own stupidity (both in the case of falling in freaking fountain and then opening her big mouth about it). Sorry, it is hard to feel bad for opportunistic narcissistic klutz.

 

[nrpofp]

I think she would have had more respect if she had turned this in to Americas Funniest home Videos, and she may have won $10K! Then she would be thanking the security guard.

I haven't read the whole thread but I agree. You have to able to laugh at yourself. I am the world biggest Klutz, and I could see something like this happening to me. I can't blame the securities guards for laughing. I am sure sure spend most of the day laughing at things they see. I can only imagine. You can't even see her face in the videos, but now everybody knows who she is because she made such a big deal out of it.