The Perils Of Texting: Girl Falls In Mall Fountain While Texting, Considering Lawsuit (VIDEO)

Her attorney, James M. Polyak of Reading, said he plans to conduct an investigation into what happened. "We are troubled by the fact that anyone at the Berkshire Mall responsible for releasing this video would find humor in an employee injured on the premises," Polyak said. "We intend to hold the appropriate persons responsible.
"No one from that security office came to her aid in a timely manner."

This is truly, truly, tragic . She's walking along not paying attention texting and someone comes along and builds a fountain in front of her, the worlds fastest built fountain I might add.

THEN they have the audacity to not come charging down and launch a helicopter and a diver to get her out of a foot and a half of water.

This is exactly what is wrong with American malldom these days.

Heads are gonna ROLL

She has a better chance of putting advertising on her video.

Because nobody is going to be laughing harder than the court and the insurance company, if and when Mrs. Magoo launches a lawsuit.

The HUMANITY

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MikeAmbrosio

13 years ago

The sad part is, our joke of a legal system (for things like this) will probably award her money...

Hmm - it's snowing here again. What parking lot can I slip and fall in then sue???

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seasoned

13 years ago

Gee, it seems like people TRY to run into me at the mall. LITERALLY! There is almost no place you can be sure that nobody will bump into you, EVEN if you are with a group walking CLOSE to the wall, and NOBODY is walking the other way.

MANY malls have a fountain. MANY have an open spot on various floors. She is LUCKY she fell in a fountain! Imagine if she were on the third floor, and fell over the railing, possibly 30 or so feet to the ground!

But YEAH, the court system here allows too many such things to go forward. Those IDIOTS talk about the court system being so burdened. It isn't burdened, they STRAIN it. When a person files a case, the person, who is paid to record it, should validate it. The appeal for that should be THERE. I had a lousy case filed against me, because someone ELSE went bankrupt, after about 3 YEARS! The statute of limitations for filing such a case is 3 years! I called the lawyer, and HE called it "timely"!!!!!! I called the judges office, and they said that, once filed, I was supposed to be there. I wasn't even in the state, and did NOT have my records with me. It was a BOGUS case, and they sued over 20 people/agencies, basically so lawyers had work, and could get paid more.

If they wanted to sue someone, they should have sued the owner that took it national and opened over 50 stores when the first one hadn't yet made a profit!

Steve

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Martin2010

13 years ago

This is awesome, think they'll throw this out of court when they see how thick she is

Unreal, surely she could see the little wall before the waterfall

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100Bandz

13 years ago

Don't laugh..

She's going to sue you

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Alan Petersen

13 years ago

I think she suing the mall for releasing the security video not for being a dumbass and falling into the fountain.

The mall already fired the security guard that posted the video on YouTube.

I hope the mall has some sort of rule that all recordings on their property are theirs so she can't have an expectation of privacy.

Plus had she kept her mouth shut no one would have known who she was. Now she's out crying on CNN so now we all know who she is. Very dumb.

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TLTheLiberator

13 years ago

Originally Posted by Alan Petersen

I think she suing the mall for releasing the security video not for being a dumbass and falling into the fountain.

The mall already fired the security guard that posted the video on YouTube.

I hope the mall has some sort of rule that all recordings on their property are theirs so she can't have an expectation of privacy.

Plus had she kept her mouth shut no one would have known who she was. Now she's out crying on CNN so now we all know who she is. Very dumb.

You bring up some good points but...

There is an outside chance that she could get paid because the video was posted publicly and she's been humiliated.

Maybe the mall has some sort of rule about privacy on their property but what about them putting the video on the net??

If I were her I'd look into the matter.

I'm sure her attorney is.

TL

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Zacman 13 years ago

Just to top this I've heard she is going to drive her car into a lake while texting.

Cheers,
Zac
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Roaddog

13 years ago

Roaddog - I'm one of those who don't find these issues funny. It costs the taxpayers to have people suing frivolously and it's a real deep sign that our society is collapsing when the citizens start feeding on each other like this.

Heysal,

I don't find people blaming everyone else for their own stupidity funny either, hence, the sarcasm. And by blaming I mean frivolous lawsuits too.

But the sad fact is it's going to be another example of 15 minutes of fame, where she will make more money off her appearance on Oprah, blaming her extreme Twinkie addiction, which of course was a gateway drug to her Pizza habit.

And that's why she was calling Domino's at the time of the extreme tragedy.

And Domino's will be next in her lawsuit.

I call it the Domino effect.

Peace

Jim

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seasoned

13 years ago

Originally Posted by Alan Petersen

I think she suing the mall for releasing the security video not for being a dumbass and falling into the fountain.

The mall already fired the security guard that posted the video on YouTube.

I hope the mall has some sort of rule that all recordings on their property are theirs so she can't have an expectation of privacy.

Plus had she kept her mouth shut no one would have known who she was. Now she's out crying on CNN so now we all know who she is. Very dumb.

Such a rule wouldn't protect them. LUCKILY, she has NO expectation of privacy, since it is a public place.

Steve

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thunderbird 13 years ago

Originally Posted by Alan Petersen

<snip>
Plus had she kept her mouth shut no one would have known who she was. Now she's out crying on CNN so now we all know who she is. Very dumb.

Either dumb or, if she makes money from it, clever.
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HeySal

13 years ago

Well, Alan, that makes a little more sense than suing because you are too stupid to watch where you are walking. But still - it was a public event so I don't think she should have grounds. Anyone could have filmed that on their phone and stuck it online.

Roaddog - I'm one of those who don't find these issues funny. It costs the taxpayers to have people suing frivolously and it's a real deep sign that our society is collapsing when the citizens start feeding on each other like this.

What I'd like to see happen is lawsuits against people for instigating frivolous lawsuits. Kind of circular, but if someone can just steal the stolen money maybe people would knock off trying for it.

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seasoned

13 years ago

Originally Posted by HeySal

What I'd like to see happen is lawsuits against people for instigating frivolous lawsuits. Kind of circular, but if someone can just steal the stolen money maybe people would knock off trying for it.

They have talked about that a LOT! I thought they DID pass it. But what lawyer would take the case? It reminds me of how superman once searched for an hoonest lawyer in the US. The one he found was not confident, poor, etc....

Steve

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myob 13 years ago

Tips for Protecting Your Cell Phone from Water
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whateverpedia

13 years ago

Originally Posted by HeySal

I'm one of those who don't find these issues funny. It costs the taxpayers to have people suing frivolously and it's a real deep sign that our society is collapsing when the citizens start feeding on each other like this.

That reminds me of an incident that happened to me back in the early 90's.

I was walking through the local shopping mall past an ice cream booth. Not watching where I was going, I slipped (not fell) on a blob of ice cream that someone had spilled on the floor.

I twisted my ankle a bit, and felt somewhat embarassed by the incident. I hoped no-one had seen me make a goose of myself.

Some people had seen it however, and raced over to me.

Not one of them asked if I was alright, or if I needed a hand or anything even remotely that showed concern for my wellbeing.

Every single one of them said (words to the effect), "If you're going to sue them, we'll act as witnesees for you".

I told them all to #$%@ off, and limped away. After a good night's sleep, the limp had gone leaving no damage at all to my ankle.

$%#@ing parasites. Not even remotely interested in helping me, or concern if I was injured, just hoping that I'd share the spoils with them.

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KimW

13 years ago

With every Tom Dick and Harry walking around with cameras, I think its unrealistic for anyone to have an expectation of privacy in any public area. While the security guard imo should get a slap on the wrist, the person who tripped should not be awarded anything for,as many have pointed out here,her own stupidity.

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TLTheLiberator

13 years ago

But does the Mall have the right to broadcast her stupidity worldwide without her permission???

TL

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KimW

13 years ago

Originally Posted by TLTheLiberator

But does the Mall have the right to broadcast her stupidity worldwide without her permission???

TL

Well, that's certainly debatable. I would say legally yes,depending if they have signs posted about there being cameras in use.

Is it morally correct to broadcast it? I would say no,but I read in an earlier post the guard that posted it was fired. (as he should have been).

Of course, this leads to a much larger problem where we are in a society that thinks its ok to humiliate and riducule every one. But I wohn't go into that.

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MikeAmbrosio

13 years ago

Originally Posted by KimW

Well, that's certainly debatable. I would say legally yes,depending if they have signs posted about there being cameras in use.

Is it morally correct to broadcast it? I would say no,but I read in an earlier post the guard that posted it was fired. (as he should have been).

Of course, this leads to a much larger problem where we are in a society that thinks its ok to humiliate and riducule every one. But I wohn't go into that.

Kim,

In this day and age, look how many people post humiliating videos about themselves. My guess is, she's probably no so much indignant as she is seizing an opportunity to earn some cash from the mall (I could be wrong...).

Not discussing the moral issue with the mall - just commenting on all the dumb a$$ videos on YouTube and Facebook that people make and post of themselves. Kinda makes the video of her "lame"in the grand scheme of things

Mike

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seasoned

13 years ago

To say "RIGHT" I think is WRONG, no pun intended! But I don't think she can expect payment.

And EVERYONE does things they aren't proud of, etc... HECK, I run a youtube video and, because they are SO bad at handling the cache, the video may stop. Sometimes the person in the video is stopped at a point that is FAR from flattering.

Maybe they should find really embarassing things about the guard and/or the mall manager, and publish THEM!

Steve

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peterj

13 years ago

I think she should be awarded a round of applause for starting my day with a laugh!

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thunderbird

13 years ago

If the times I'd made a fool of myself were caught on tape and put on YouTube, I'd be a famous (is that the right word?), lol.

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Michael Oksa

13 years ago

I'm glad she threatened with a lawsuit.

Why?

Because now, WAY more people know who this idiot is. If she would have kept her mouth shut, it would have blown over quite quickly. You just can't make out any distinguishing features in the surveillance video, but you sure can when she's doing a TV interview.

Do I hope she follows through with the lawsuit? Nope. Too risky that a jury will be fooled into awarding her for her own stupidity.

On a side note: one of those gossipy TV shows (Inside Edition, maybe) ran a piece on her...exposing her past criminal record.

All the best,
Michael

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Bill Farnham 13 years ago

Well, if she sues and wins then the chances that insurance companies will require every mall fountain, et al, to have a code compliant guard rail in place before they underwrite a liability policy goes way up.

The cost of supidity measured on a societal scale is astronomical these days.

And, of course, we'll need to enact some legislation, no doubt named after her (Megan's Law, the Brady Bill, as examples of a higher order) that requires we all take our shoes off at the airport...wait a minute...I mean that all public places put physical restraints in place so no one can ever fall victim to this outrageous oversight by the architects and engineers who design such public places.

So the question that needs to be asked is why as a society we weren't required to watch shows like Montel Williams, Jerry Springer, Geraldo Rivera, etc, so we could have learned to live our lives the way they were supposed to be lived. :rolleyes:
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Biggy Fat

13 years ago

Update: Turns out our pretty fountain lady has a bad rap sheet following her:

Fountain Lady Fumbles With the Law

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AEC 13 years ago

I want to know what ever happened to being able to just laugh at ourselves and go on with life. I mean come on lady... you just got a little wet and gave over a million people something to laugh at.
I would tell the people that put up the video that I want ownership of it and put an add on the video for a waterproof phone! Or maybe good looking wet suits for the hazards of shopping and texting.
I guess the opportunity for money is to great in a county where we can sue and win for dumping coffee on ourselves.:rolleyes:
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MikeAmbrosio

13 years ago

At the end of the "Fountain Lady Fumbles With the Law" video the reporter quoted the woman's attorney saying that there were no plans to file a lawsuit against the mall, but is expecting an apology.

Just another day...

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Alan Petersen

13 years ago

Originally Posted by MikeAmbrosio

At the end of the "Fountain Lady Fumbles With the Law" video the reporter quoted the woman's attorney saying that there were no plans to file a lawsuit against the mall, but is expecting an apology.

Just another day...

She probably back-tracked when they started digging through her criminal background.

Another lesson learned here... before going on national TV threatening a lawsuit, make sure you don't have any outstanding felony warrants on you!

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garyv

13 years ago

The Mall should fire her for swimming in the fountain during her break.

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spoiledkid01

13 years ago

Isn't it the same girl both of th times ?

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philipraj 13 years ago

Oh that is too funny and just made my day! seriously lawsuit now that court hearing i would love to see
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The Perils Of Texting: Girl Falls In Mall Fountain While Texting, Considering Lawsuit (VIDEO)

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