Texting while walking lady who fell in mall fountain hires lawyer

[Liberal_in_LA]

Texting while Walking, Woman Falls into Fountain
Caught on Pennsylvania Mall's Surveillance Video; She Says She's Humiliated, Angry; Hires Lawyer



video at link

Cathy Cruz Marrero was doing just that in the Berkshire Mall in Reading, Pa. when she suddenly tumbled headfirst into a water fountain, getting completely drenched.

It was caught by the mall's surveillance video system, then posted on YouTube, where it's been viewed almost 2 million times.

Cruz Marrero, 49, who works in the mall, has hired an attorney.

She wasn't hurt, "at least not physically," remarked "Early Show" co-anchor Chris Wragge.

But Cruz Marrero says what does hurt is "the humiliation (from the video having been put online). The humiliation. Ask my husband: I cried for days. … You don't know how many people are laughing at me."

Texting while walking, Cruz says, is "dangerous. … I could have been walking into a bus, a car, a ditch, anything. Texting and walking, take it from me, is dangerous. It really is."

She told the Reading Eagle, "I don't think security was professional because they didn't send anyone to check on me until 20 minutes later and I had already left."

http://www.cbsnews.com/stories/2011/01/20/earlyshow/main7265096.shtml

[NuclearDem]

1. Oh come on, people get embarrassed everyday

I don't sue when I walk into a door and people laugh.

Deal with it.

[WinkyDink]

5. Not a comparable example, by a degree of Avogadro's Number.

[NutmegYankee]

22. If she hadn't spoken out, no one would have known who she was

The picture is far too blurry to identify her. It's not the embarrassment - It's the potential money!

[Salviati]

35. Exactly. She is embarassing herself more in her reaction to the incident,

than falling in any founting ever could have.

[WinkyDink]

2. My prediction: She will win, and win big. At least, I hope so. "Security" isn't supposed to be

"Candid Camera" for laughs.

[Tunkamerica]

Why did security push her in the fountain?

that's terrible!

And I can only imagine the damages she incurred. I hear it costs millions to dry your clothes now. And then when the security guards made her go on tv and reveal her identity. Open and shut case.

[WinkyDink]

18. TV after You-Tube? As nothing. The point isn't the fountain; it is the JERKS WITH THE CAMERAS.

[Tunkamerica]

37. yes. she went on tv and outed herself. no one in the world would've

known it was her if she hadn't.

[Hannah Bell]

19. security camera footage isn't supposed to be posted on you tube. she committed no crime.

[Tunkamerica]

38. no one said she did.

[Codeine]

39. She committed the crime of Stupid.

Punishable by Looking Like an Ass.

[Maine_Nurse]

71. Really?

Private cameras recording public behavior. No laws against that, at least here. Her lawyer he should tell her she's an idiot then cash her check.

[Hannah Bell]

80. malls aren't legally "public property".

question is rather does the security company have the right to post the video without permission.

they have the right to videotape for security purposes. i don't believe that the question of whether they can publicize the video for shits & giggles without explicit permission has come to court.

[Maine_Nurse]

84. In open public view then

I think there may be some variance in regs state by state. Here, I can call you up and record our conversation without ever letting you know or having that beep signal. It's then mine to do as I wish. I know some other states are much more strict about voice recordings. As for things done in public view, if I can see it (without B&E or trespassing, I can video it.

[Hannah Bell]

92. there are federal laws about recording people. malls aren't public spaces.

that's been determined by the supreme court.

[Tunkamerica]

85. I would bet our supreme court would say differently

the expectation of privacy in a mall would be a hard one to argue.

[Hannah Bell]

93. the supreme court is indeed the court that determined malls aren't public spaces.

Lloyd Corp v. Tanner = malls are private spaces, not public spaces, & you don't have free speech rights in them

pruneyards -- states can extend the "public realm" into malls if they like, but they aren't obligated to.

the question is, can a security company post surveillance video publicly without permission of those being filmed.

not a frivolous lawsuit at all.

because the next step after that is they can use your image for any purpose, including commercial purposes, & sell it or release it to anyone.

[jberryhill]

Whether you have free speech and whether you have an expectation of privacy are diff'rnt questions

Personally, I'm surprised she's not playing the angle that there is no railing there.

Visually impaired people have to walk there too. While the video is amusing, I'd hate to see an elderly person with glaucoma think it was a step or a change in floor tile color.

[Electric Monk]

91. Imagine the horror if she'd been chewing gum at the same time as well. THE HORROR!!!

[DrDan]

23. can "security" be sued for not coming to her rescue? Is that their job?

Is that in the realm of "security"?

I don't think she has a case.

[jberryhill]

102. In a private commercial property context..

...the owner has a heightened level of duty toward the safety of what are considered invitees on the property.

[MellowDem]

113. But it was clear...

that they were not being lax in their duty. It was her own negligence which caused it, and she was clearly not physically hurt on the video.

[jberryhill]

125. Whether or it is foreseeable that pedestrians in a mall will be distracted...

...is a fact question, not a legal question.

My response was to the general point that commercial property owners do have a duty to aid their invitees.

[MellowDem]

133. Distracted by their own phones?

Couldn't that happen anywhere, all the time?

No doubt a jury could look at this to decide, but just IMHO, it's very obvious who was negligent here.

[jberryhill]

134. Some jurisdictions have comparative negligence

Which renders fault not to be a binary proposition

[MellowDem]

135. Even then...

there usually is the 50/50 or 49 rule, where the defendant has to be at least 50 percent at fault or no more than, and I just can't see a jury not finding the plaintiff to be less than 50% at fault. Unless there are states with pure comparative negligence, which I'm not sure if there are any at all. I know the majority of states have those two modifications though.

I think if she sues over having the video shown, she may have a better chance than the whole negligence angle. I don't know what she could recover from the first anyways. Did she skin her knees?

[DrDan]

114. but that does not necessarily mean a firm hired for "security" has any

obligation toward some idiot who falls in a fountain - what could they possibly do in the name of "security"

[jberryhill]

123. I didn't think she was threatening the security firm per se

I doubt her threats will go anywhere for a number of reasons, but I doubt that being held up to public ridicule is a function of any agent of the mall management.

[NutmegYankee]

27. She doesn't have a prayer for winning.

Security videos are released all the time with funny or other images on them. Watch TruTV sometime.

She chose to self identify.

[Goblinmonger]

67. If they were watching her as it happens

they probably saw that the janitor was there right away.

[MilesColtrane]

95. deleted

[flvegan]

3. Shame on them for throwing that fountain out in front of her.

[truebrit71]

4. I believe this is the text book definition of "frivolous lawsuit"..

Ma'am, just because someone broadcast your stupidity and your pride is hurt doesn't mean you get to sue someone...

[virgogal]

8. I agree---this is a ridulous lawsuit.

[WinkyDink]

12. As a citizen, she "gets" to sue anyone she wants. So do you. And it wasn't "someone," it was

SECURITY. Are you saying that SECURITY is to be treated and considered the same as a jerk with a smart-phone?

[charlie]

21. I'll agree

But, if this makes security professionals think twice about releasing video for the lulz, it's a "chilling effect" I can live with.

[Book Lover]

47. So now everyone and anyone has a right to broadcast humiliating footage?

The public release of this footage was done by unauthorized persons in order to hold up the subject to ridicule. And you're OK with that? Why, just because you got a few yucks out of it?

[Codeine]

52. Nobody knew who it was.

It was a blurry shape who could have been anyone. Until the hit-and-run/credit card fraudster opened her mouth to try to scam a few bucks off the deal nobody knew it was her. She's dishonest, stupid, and careless. Her problem.

[Lars39]

65. So when you are erroneously led thru the mall in handcuffs

It'll be ok to YouTube it.

[Goblinmonger]

68. She doesn't have a lawsuit yet.

She has a lawyer. The lawyer may or may not file suit. The court may or may not allow the suit to continue. How about if we don't push RW talking points on tort reform on DU.

[MilesColtrane]

96. Yeah, and the suit may end up not having anything to do with the release of the tape.

The lawyer may advise her that it will be easier to sue and win if they assert that the fountain is unsafe and that management didn't respond to the accident quickly enough.

She'll try to get back at them any way she can.

[jberryhill]

103. +1 - We have a winner

Yup

Lots of defenders of corporate callousness out today.

Funny how that happens right here on DU.

[msanthrope]

6. Security was probably too busy laughing their asses off, then

copying and downloading the clip to Youtube.

What a dumbass.

[Liberal Veteran]

7. Wah! Fucking Wah! Moron.

If you haven't learned how to walk in 49 years, then I'd say there isn't much hope you.

[Merlot]

9. If someone had happened to catch her fall with their iphone I'd say to bad

but for the mall security to post security footage on youtube is wrong. Shows a huge lack of professionalism. they are supposed to be security, not peeping toms getting their jollies.

[Ruby the Liberal]

10. On what possible grounds is she suing?

The people who are laughing?

The person who uploaded the video?

The mall for not appropriately putting up "danger, fountain ahead" signage?

Security for not bothering to hunt her down after she got up and walked away?

AT&T/Sprint/Verizon for allowing text messages?

She worked in the mall according to the article. It isn't like they put up the fountain in the dead of night so as to surprise her.

Then again, someone apparently had an issue where we now have to mark silicon inserts in shoe boxes "do not eat".

[sabrina 1]

41. Mall security is not supposed to upload security video

for the purpose of mocking people.

I think she does have a case. It shows how far we have sunk regarding issues of privacy when even on a board like this, there is little empathy for this woman. She did not commit a crime, she fell into a fountain.

The attitude that people's misfortunes are fair game for the amusement of others makes it easier to understand the bully culture in schools and elsewhere.

I can imagine how embarrassed she might be. But that's the problem isn't it, there is not much empathy for people in this society.

If she says she was hurt by their action, then there is a case. And I hope she wins. Great example for kids to see adults encouraging mob mockery of someone who had an accident. No wonder there is so much bullying in this society.

When those two college students uploaded video of their friend making love, they too thought it was hilarious. Clearly no one explained to them that some people might not find it amusing at all. He is now dead because of their insensitivity to another's feelings.

No one has the right to decide what may or may not hurt another person. But it looks like far too many people do believe they have that right.

[Codeine]

45. They can do whatever they want with it.

It's their video. Entire television channels are built around security footage of people being idiots.

[Ahpook]

66. Skip the part about professionalism?

I think that is a valid point.

[Codeine]

69. There's no law about professionalism.

Love your AhPook name, btw.

"The answer is sooo simple. Death needs time for what it kills to grow in, for Ah Pook’s sake."

[Maine_Nurse]

79. They are Mall Ninja's, not the SAS. They have no professionalism.nt

[sabrina 1]

110. No, it was not their video, unless they own the company.

I hope they are fired.

As for your other point, that is what is wrong with this society. We have come to accept the use of people's problems for entertainment purposes. There's money to be made, so to hell with decency.

[snagglepuss]

56. Good point however I think the lack of concern is due to her fraudulent

use of customer credit cards to the tune of $5000.

[sabrina 1]

108. I am just addressing the Jerry Springer atmosphere we live

where other people's misfortunes or dumb behavior is fair game for entertainment purposes.

It is pretty disturbing and it does explain why there is so much bullying in this country.

[mdmc]

63. The private security of a private mall filming their property

I would never think for a second that a mall would put my dignity over their profits or yuks..
She can get the security guards fired at best imho..

[sabrina 1]

107. I guess I still expect more of people

And we don't hear about all those who do not do what these jerks did I suppose.

But yes, they should be fired. I don't see how they had the right to use footage that didn't belong to them for entertainment purposes. If they worked for me, I would fire them.

[mdmc]

130. and they will lose their $10. per hour job over lolz

and this lady will either watch what she is doing, or risk looking foolish again..

[Confusious]

64. You're in public

You have no expectation of privacy in public.

[sabrina 1]

109. You mean in a society that has no respect for life itself, that tortures

people and basically ignores the rule of law, that long ago lost any sense of decency and morality, you have no expectation of privacy.

In that kind of society, no, you do not have any expectation of being treated like a human being.

But I keep trying to make it better, to raise the standards a little, rather than lying down and just accepting them.

[Confusious]

116. Tying shit together that really shouldn't be tied together?

30 years ago, I remember my stepmother taking me to a mall and saying I have to behave myself, I'm in public.

People do stupid shit in public, they can expect it to be public. A mall is no different. Anytime I step out of the door of my house, that is public. The only place that is not "in public" is a changing room or the bathroom, where you can expect privacy.

I don't know if you see it, but your vision of public seems to allow people to do whatever they want in PUBLIC, and then claim privacy. Drunkenness, lewdness, stripping down and running naked through the mall.

Your adding the "rule of law", "decency and morality", "being treated like a human being" is just an attempt to claim and carry some imaginary cross which you would like us to believe are equal to this, but are not. The equate is also an attempt to make those who disagree with you on this against the "rule of law", "decency and morality", "being treated like a human being." It's bull.

Nice try, but that's one of the oldest tricks in the Republican playbook.

[sabrina 1]

121. The woman had an accident. She didn't run naked through the mall

nor was she drunk, lewd or abusive in any way. SHE HAD AN ACCIDENT!

I guess we should encourage our kids to laugh every time someone has an embarrassing accident so they can experience the thrill of feeling superior to someone else :eyes:

[Confusious]

122. Again with false argument

Again with the changing of the argument.

Again trying to tie people who disagree with you to positions that are A) not in evidence B) immoral.

The discussion was about what and is public, and whether she has a case.

You're not the only person in the world who has morals, and I think you may improve on those by stopping the attempts at disparaging people with immoral positions you have no idea if they hold.

[Ghost in the Machine]

81. Sorry, but you ar comparing apples to oranges here..

That college student had every reasonable expectation of privacy in his own room. It's well known that security cameras are everywhere in a mall. Furthermore, as has been mentioned, no one even knew the identity of the woman, and wouldn't have known, if she hadn't come forward and outted herself.

Peace,

Ghost

[customerserviceguy]

83. I was with you until you used the word 'accident'

It was the result of stupidity, and I think we're all better off that she was walking rather than driving a motor vehicle.

Texting really does make people do stupid things, I feel we'd be better if we went back to the days before we had it. All we're waiting for is the body count to get high enough, just like we do with an unwinnable war.

[snooper2]

129. You got a point there, stay away from this lady if she is driving

So, she is 49 now, and in 2009 just had a LEARNER'S permit!



"According to court records:

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."

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

[customerserviceguy]

131. Wow, her car should have flashing neon lights!

She's an accident waiting for a place to happen.

[Tunkamerica]

86. what law is that? not supposed to?

the example you gave is obviously exactly the same. the security guards are murderers obviously.

[sabrina 1]

105. The example I gave demonstrates the lack of morality and

empathy that those college students grew up around leading them to believe that laughing at someone else's expense is just great fun.

You can't legislate morality. It's wrong to mock people. So she did something stupid. Kids at school do dumb things. There is no law against laughing at them. They get bullied because they do dumb things and we wonder why. The whole country had a good laugh at this woman's expense. So, are we now a better society, did it serve some higher purpose since we all a great laugh over some stranger's dumb behavior?

'She's dumb!' She's dumb!' Throw mud at her, mock her, shame her!

Great society we live in.

[LisaL]

89. What reasonable expectation of privacy does she have in a

mall?
And if she doesn't want to fall into fountains, I suggest not walking and texting at the same time.

[sabrina 1]

101. Her behavior isn't the point.

The behavior of a public conditioned to laugh at other people's expense IS the point.

She didn't shoot anyone, mug anyone, rob a store at gunpoint, she did a dumb thing.

And now millions of others are doing a dumb thing. Wasting their time laughing at a total stranger because she did a dumb thing. But that is the climate we live in. And then we wonder why bullies in school feel it's okay to laugh and mock the weaker kid who sometimes does dumb things also.

[sabrina 1]

106. Well, I'm quite certain no one here has done anything dumb in their

entire lives.

As to 'what reasonable expectation of privacy' does anyone in this society have, well you just demonstrated why sadly, we have lost any rights to privacy.

Or any right to expect people to act like mature adults.

We are the Jerry Springer society, conditioned to laugh at other people's misfortunes.

So, yes, I guess you have a point.

I however, would like to elevate this society a little, which is probably a crime these days :eyes:

[Merlot]

11. If someone had happened to catch her fall with their iphone I'd say to bad

but for the mall security to post security footage on youtube is wrong. Shows a huge lack of professionalism. they are supoed to be security, not peeping toms getting their jollies.

[WinkyDink]

13. Thank you.

[ret5hd]

16. Oh yeah, mall security=professional!

:rofl:

[Hannah Bell]

94. it's ultimately a corporation doing it. a security corporation. if you think it's so funny,

you haven't thought it out.

[hedgehog]

14. OTOH, I think that having the fountain placed the way it is without any kind of

of guard rail is hazardous.

My father's church installed a new baptismal fount near the doors that has a low pool around the base. My father took one look at it and told them they needed a rail or people were going to end up in the pool. His concerns were pooh-poohed.









A month later, a waist high guard rail went up.

[Tunkamerica]

87. have you never been to a place with a fountain?

the don't have rails because most people look where they are walking. Even the blind have the white sticks or dogs.

[BlueJazz]

15. Anybody else thinks this person also texts while driving?

[uppityperson]

17. Security was not very professional by posting this. If it were an individual, it wouldn't be as bad

but it seems rather unprofessional to have a security person post this.

[DrDan]

25. is being "unprofessional" a basis for a lawsuit?

[uppityperson]

31. Sometimes. In this case? No opinion beyond saying they were unprofessional.

[Lost-in-FL]

20. Apparently it is perfectly ok for security to post videos of others on Youtube.

Yeah... why not allow the TSA to post videos or pictures of your privates,

[NutmegYankee]

33. Non sequitur

A mall is a public place and you could be videotaped by anybody. That it was a security camera is moot. You have no privacy in a public place.

On the other hand, the image of a RapiScan is not public, and has been set up as private by law.

[uppityperson]

50. That is was a security camera is the point. Very unprofessional of them to post it.

[Tunkamerica]

88. security videos are "posted", televised, bought ,sold, and traded every day.

Watch the news for a week and tell me you don't see a security video.

[elocs]

24. Is there any expectation of privacy while walking through a mall with cameras?

Probably not. Professional? No. Illegal? Also no.

[WinkyDink]

26. . It was the posting to YouTube, not the fall. YOUTUBE. So any "jokes" about the fountain are point-

less.
That "Security" firm will be sacked before this woman loses any lawsuit.

[we can do it]

57. She Didn't Fall Into a Toilet She Fell Into a Fountain In Public

waaaaaaaaaaa poor me

[Codeine]

28. She's in a public space. She has zero expectation of privacy.

She's an idiot -- fuck her and her silly-ass lawsuit.

[madinmaryland]

36. +1000.

[davidinalameda]

43. preach it sister!

[Codeine]

46. Brother, actually.

But I appreciate the sentiment! :hi:

[malaise]

29. Just give her a Darwin award

Walking and texting has consequences moron.

[Codeine]

55. Unfortunately she's still able to pass on her idiot genes.

A Darwin Award winner has to have removed themselves from the gene pool with their stupidity.

[malaise]

61. LOLMy bad -She'll probably text while

driving and win the award by year end.

[Lucian]

73. She didn't die.

She doesn't qualify for the Darwin Award.

[Liberal Veteran]

30. Humiliation is nature's way of say "Watch where the fuck you are walking!"

and "You should be glad it wasn't a pond full of starving piranha."

[jberryhill]

104. What if she were visually impaired - would you be laughing?

[Liberal Veteran]

112. She was visually impaired....by her cellphone.

But that's okay, you can prop that strawman up again and again.

[Lost-in-FL]

32. A mall is not a public place. It is only if it is state owned. nt

[Name removed]

34. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[NutmegYankee]

60. Most states consider a mall a public place.

Even if privately owned, the fact that it is open to the public for commerce allows states to decree it a public place.

[Goblinmonger]

70. It is in California.

Don't know if this took place there, but there is a famous SCOTUS decision based on the Calif. laws regarding malls and freedom of speech.

[davidinalameda]

40. it's not like she was laying there bleeding to death

morn

[Liberal Veteran]

42. On the bright side, now instead of being the anonymous moron who fell into a fountain....

...she'll be the well known moron who fell in the fountain and sued because she was embarrassed.

I hope she wins her case and is awarded damages of 1 penny.

[oldlib]

44. I have heard that she has dropped her lawsuit.

Apparently she has a checkered past involving absconding funds that were not her own. I saw this briefly on a local newscast.

[Codeine]

48. Better and better.

Stupid, careless, and a credit card thief. Someone should have known when to fold their cards and leave the table.

[charlie]

49. Hit and run, too

Had a year of probation for that.

She's still in trouble for credit card theft and was able to trip into that fountain because she's out on bail.

And those are just the latest incidents.

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

[pengillian101]

58. Good find. n/t

[ret5hd]

54. This can't be! I read she claimed to be a born-again xtian!

[hobbit709]

76. Was she born-again before or after she was arrested for credit card theft?

[stevedeshazer]

51. Suing? That's a really humorless response

She should roll with it and start a band.

Call it 'Texting In Pools'.

[Quantess]

53. She just wants money.

If she was so embarrassed, she wouldn't have appeared on Good Morning America afterward.

Anyway, she should really consider it a lesson about the dangers of texting while moving.

[Matariki]

59. A sense of humor about it would have made her look better.

Suing will just add to people laughing at her. Some folks just don't get it...

[Raine]

62. She humiliated & embarassed herself when she went public

she could've remained anonymous if she had kept her big yap shut but I guess anything to make a buck by suing. :silly:

[oldlib]

78. She is a very good looking lady.

She was on TV and appeared to be in her early forties. I am sure that a number of marriage proposals, and less decent proposals, will result from her exposure.

[Lucian]

72. She's an idiot.

No...she's worse. She's an idiot who doesn't know she's an idiot.

[Codeine]

75. Idiots never do, eh? nt

[Lucian]

77. Well, you'd be surprised.

Some idiots do know that they're idiots.

[tammywammy]

74. I was talking to a co-worker about this the other day

I said, look if I text and fall into a fountain, please laugh at me as much as you want because I was the dumbass that fell into a fountain.

[customerserviceguy]

82. I hope that jury after jury

stands up and laughs their asses off at her. Maybe after four or five mistrials, she'll get the point.

[ProudToBeBlueInRhody]

90. She's not all that stupid....

....she, like many others, see their chance at their 15 minutes. Nowadays, anyone on TV is a superstar, even if they have zero talent or can't walk and chew gum at the same time.

She'll probably be on Dancing with the Stars or some shit soon.

[MilesColtrane]

97. So now, she's not some anonymous blob on a grainy security tape,...

she's known around the world as that klutzy, petty thief?

Not too smart, that one.

[Urban Prairie]

118. +1

Walked and talked, then blithely tripped and splashed her way into viral internet video infamy, when she could have shut up, and remained largely anonymous and unidentified.

Better to remain silent and be thought a fool than to speak out and remove all doubt.


Seems like many rightwingers are having a lot of trouble with following that old saying, especially over the past couple of decades.

[babydollhead]

98. I watched it, laughed, and then showed my teenagers

they laughed, and cringed. One of my children is a queen at suspended animation, while texting. Sometimes she does just walk into walls. It helped my kids see themselves.

[Shagbark Hickory]

99. She deserves to spend many thousands of $ on lawyers and then lose.

Thanks for clogging up the courts, clutz.

Nobody can see who you are friggin moron.

[raccoon]

100. I sincerely hope this is thrown out of court. This is the kind of dumbass lawsuit that gives

many people the idea that most lawsuits are frivolous.

We always hear about nitwits like her bring suit; we never hear of the outcome of the suit.

[struggle4progress]

111. I'm glad she wasn't physically injured. Beyond that, I have no opinion

except that I think it's kinda jerky to laugh at other people's falls

[Cali_Democrat]

115. LOL

What a twit.

[TwilightGardener]

117. Few weeks ago, I got up to leave the theater after a movie, and in the darkness

I became disoriented and didn't remember that there was a step down to the main floor from where our seats were. I never even got my arms out to break the fall, I just went down like a sack of potatoes onto the concrete floor--as far as falls go, it was truly epic and spectacular, according to my husband. Bruised me up and knocked the wind out of me, too. Yes, it was embarrassing, I looked like an ass (and/or like I had a drinking problem), but it wouldn't occur to me to get upset about it, even if a zillion people saw it happen. Hell, we're still laughing about it.

[Urban Prairie]

119. I had something like that happen to me back in '75

I was with a group of four friends walking on a public sidewalk that led to a concert hall in downtown Detroit, and I was the closest to the edge of the sidewalk and curb next to the street, talking to the girl next to me, who was my date for the concert, when all of a sudden, my left foot was caught underneath about a 3' long metal post that had been completely bent down in a curve with the tip of it touching the cement sidewalk, along with several more, each being about 6' apart, that were all also bent down (by maybe a vehicle that must have backed into/over them) and they were connected by a metal chain that was laying on the sidewalk. The post was long enough, so that when I naturally tried to regain my balance, my right foot became tangled/caught underneath it as well.

I began to fall, but managed to put my arms out and use my hands to break it, and avoided having my face smack the sidewalk. There were quite a few people behind us that were also walking to go to the concert, and they all began to laugh at me. It was very embarrassing, but it wasn't their laughing that bothered me. What did were the bottoms of the palms of my hands, which were badly scraped, bleeding, and scuffed up, and they hurt like hell throughout the concert. Had it happened maybe 30 years later, I might have thought about suing the city for pain and suffering, as there were no sawhorses or barriers put up so no one would trip over those posts, and maybe get more badly hurt than I was.

[TwilightGardener]

120. Ow. That's pretty negligent of the city--sounds like an accident waiting to happen, and it did.

My mishap was more of the fountain lady's just-plain-stupid variety --they lighted the step, I just didn't see it (probably watching the credits, which were still rolling as we left). Nobody laughed, besides my husband and me--a couple people asked if I was OK. I've had incidents like yours, though, where bystanders aren't so nice. :-(

[WinkyDink]

124. Again, missing the lawsuit point. Security didn't breach ethics by posting your fall ON YOUTUBE.

[Codeine]

132. Where exactly can we find this security firm ethical code of which you speak?

I'm pretty sure there's no such beastie.

[WinkyDink]

126. HOW many people cannot get that it isn't the "humor", or YOUR own "falls," or the "public space," or

the "Texting While Stupid," or anything else but a breach of ETHICS by a SECURITY FIRM?

So YOU wouldn't care if people saw YOU? Dollar, meet cup of coffee.
So YOU think it was funny to watch. Banana-peel humor isn't exactly a proposition from Wittgenstein.
So YOU think she is at fault for "putting the fountain in her own path." Nyuk-nyuk!
So YOU think this is a "frivolous lawsuit"? American jurisprudence might beg to differ.

This is not about a cell-phone, a fountain, or a fall.

[COLGATE4]

128. No. Other posters have correctly pointed out the legal reasons

why she has no cognizable cause of action. There is no law requiring 'ethics' by a Security Firm. The law says that you have no expectation of privacy in a public place. She is at fault for not recognizing an open and obvious danger by walking into the fountain. So where exactly would 'American jurisprudence beg to differ'???

[snooper2]

127. Now everyone is laughing at you all over again lady

:rofl: :rofl: :rofl:

If you are reading this, please don't sob, because as you will see from your own video. It is fucking hilarious :P

http://www.youtube.com/watch?v=5WudLUvhjHI

On Edit---This clip is even better :)
http://www.youtube.com/watch?v=HvHj0pYn8n8&feature=fvwk