Woman Threatening To Sue Mall Because Mall Video Captured Her Text-And-Walking Into A Fountain

from the rethink-your-targets dept

Fri, Jan 21st 2011 12:41pm — Mike Masnick

Mr. LemurBoy was the first of a whole bunch of you to send in this story of a woman who was trying to walk and text in the mall where she works... and paid so little attention to what was going on around her that she fell face first into a big fountain. As with all such things like that, it's difficult not to at least chuckle a bit when you see that kind of thing, and, indeed the mall security folks found it funny enough to put the clip online, where it went viral. And even though the woman was fine and even though it's impossible to identify her in the video, she's now come forward and is threatening to sue the security guards for both releasing the video and not coming to help her fast enough.

I can't see her having much success with any such lawsuit. She was the one who did the embarrassing thing, and it was done in public, where lots of people could have seen/filmed it. And it's not clear what legal statute she's relying on where security has a requirement to help her after her own mistake. But, even more amazing is that she complains about how embarrassed she was about the whole thing... but doesn't seem to realize that no one knew who she was before. By coming forward, she's now identified who she is so that people will know. Wouldn't that be even more embarrassing?

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Filed Under: mall, texting

71 Comments

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Rose M. Welch (profile), 21 Jan 2011 @ 12:42pm

...but doesn't seem to realize that no one knew who she was before.

Actually, she claims that she didn't know about the video until friends of her (including the person she was texting), informed her that she had been filmed falling into the fountain and that it was available online. So... yeah.

But I agree with the rest of it. She was in a public place, so she doesn't have a leg to stand on with this suit. (Hope there's not a fountain in the courthouse.)
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Anonymous Coward, 21 Jan 2011 @ 12:45pm

Except she isn't in a public place, she is in a private place that is open to the public. An enclosed shopping mall isn't a public place per se.

One would expect security video to be confidential, not some sort of voyeuristic tool.
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fogbugzd (profile), 21 Jan 2011 @ 12:46pm

Who to blame
I saw an interview with the woman and her attorney. The attorney said they were trying to decide who is to blame for the fall. It seems to me that it is a pretty short list, starting with his client. It does look like a higher railing might have prevented her from toppling over, texting while walking looks like the main reason for the fall.
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fogbugzd (profile), 21 Jan 2011 @ 12:46pm

Who to blame
I saw an interview with the woman and her attorney. The attorney said they were trying to decide who is to blame for the fall. It seems to me that it is a pretty short list, starting with his client. It does look like a higher railing might have prevented her from toppling over, but texting while walking looks like the main reason for the fall.
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Dark Helmet (profile), 21 Jan 2011 @ 12:49pm

I can't decide which part is funniest...
1. What is clearly a middle aged woman wearing hipster glasses

2. The big "Channel 69" microphone being shoved just below her mouth

3. The fact that I can already see Daniel Tosh's face grinning from ear to ear as he makes jokes about this in his next web redemption....
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fogbugzd (profile), 21 Jan 2011 @ 12:50pm

Re: Who to blame
Sorry about the double post.
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Rose M. Welch (profile), 21 Jan 2011 @ 12:52pm

Re:
One would expect security video to be confidential, not some sort of voyeuristic tool.

Then one may not have read the rules generally listed on or around the doors of most malls.
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:Lobo Santo (profile), 21 Jan 2011 @ 12:57pm

Re:
Two words:

"Jury trial"

If you can convince the jury of people who aren't even bright enough to get out of jury duty of something, then it's "legal". Which means with a good lawyer you can get almost anything.
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James Carmichael (profile), 21 Jan 2011 @ 12:57pm

http://www.cbsnews.com/stories/2011/01/21/earlyshow/leisure/main7269082.shtml

Apparently she's been in legal trouble for fraudulent credit card purchases in the past?

Karma's a bitch old lady... karma's a bitch.
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Matt N, 21 Jan 2011 @ 1:01pm

She's doing it wrong
Had she been smart she would have let this go, played it up and then used to parlay herself into a gig as a phone company/cell service provider spokesperson. She missed a serious opportunity. I'm actually serious.

"This new Windows 7 phone is so great you forget everything else!"

"I'd rather fall in to a fountain than let go of my new Blackberry Torch. Now at AT&T!"

"With Verizon's superior network coverage, you won't be left 'all wet' like other providers!"

BONUS ROUND:

"Yes. Angry Birds(TM) is REALLY THAT GOOD."
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Josh in CharlotteNC (profile), 21 Jan 2011 @ 1:01pm

Re: Re:
Then one may not have read the rules generally listed on or around the doors of most malls.

Even without those, since she works at the mall, its highly likely that she signed something that said she could be recorded and those recordings could be used for just about anything. Its standard boilerplate in most employment agreements.
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Killer_Tofu (profile), 21 Jan 2011 @ 1:02pm

Next up, sue the news
Wow this story is full of funny.
This is the kind of clip that deserves to be on the web because it is funny! And now shes upset. Go figure.

Since she wants to sue the guards for putting it online her next target will probably be the news for airing the story and showing any given angle of her falling into the fountain 10 times. You can tell the guy on the right is trying not to laugh throughout the whole segment.

In a halfway reply to DH: Tosh won't do a web redemption on it, just a video breakdown. But you know it is coming. Tosh.0 is the win.
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Chris Rhodes (profile), 21 Jan 2011 @ 1:03pm

Re:
Except she isn't in a public place, she is in a private place that is open to the public. An enclosed shopping mall isn't a public place per se.

It's interesting that such places seem to be categorized as whatever is most expedient for any given proposal.

"If its a public place, then people there shouldn't have an expectation of privacy, right?"
"Well, no. You see, it may be open to the public, but it's privately owned, so people there still have an expectation of privacy."
"Oh, okay. Well if it's private property, they can allow smoking in it, right?"
"Well, no. You see, it may be private property, but it's open to the public. Therefore the public has free reign to ban things it doesn't like."

I wish our country would make up its goddamn mind once in a while.
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Rose M. Welch (profile), 21 Jan 2011 @ 1:10pm

Re: Re:
...people who aren't even bright enough to get out of jury duty...

Hey! I want to be called for jury duty. :P
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Rose M. Welch (profile), 21 Jan 2011 @ 1:11pm

Re: Re: Re:
What is likely is that she didn't have a reasonable expectation of privacy, which is the entire point.
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Rose M. Welch (profile), 21 Jan 2011 @ 1:11pm

Re: Re: Re: Re:
Sorry, replied to the wrong comment. :P
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Rose M. Welch (profile), 21 Jan 2011 @ 1:12pm

Re: She's doing it wrong
+1
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Sean T Henry (profile), 21 Jan 2011 @ 1:18pm

Re: Re:
I like that logic, if they lose and the place is deemed to be a private location then allow smoking in the open places in the mall. They will then be reported for violating a smoking ban in a public place. Challenge the smoking violation based on the previous case that states its a private place.

If they lose the smoking case use that to appeal the lawsuit. They will probably lose the smoking case but I'm sure the fine is lower that what the woman could win.
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fogbugzd (profile), 21 Jan 2011 @ 1:26pm

Re: Re: Re:
It's not really about whether this is a public or private place. The question is did she have a reasonable expectation of privacy. Pretty clearly you don't have much expectation of privacy in a mall.
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Chris Rhodes (profile), 21 Jan 2011 @ 1:29pm

Re: Re: Re:
Nah, this is the USA. We don't have to be consistent in our beliefs or decrees.

The mere fact that we have such a concept as a private-public area is proof of that.
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Greg G, 21 Jan 2011 @ 1:31pm

Re: Re: Re: Re: Re:
Sorry, replied to the wrong comment. :P

Na, I think you're going for the 2011 Most Comments Posted... :P
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DCX2, 21 Jan 2011 @ 1:36pm

haha, but really
I think it's implied that security footage isn't the sort of thing you throw up on YouTube. Sure, by walking into the mall you accept that you will be video taped for security purposes. But is there a sign that says "this footage is property of xyz and may be uploaded to the internet?"

While everyone points and laughs at her, I'm left wondering...shouldn't the security guards who posted it be in some sort of trouble?
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lalligood (profile), 21 Jan 2011 @ 1:38pm

They weren't watching it happen live!
The woman wants to complain that the mall security should have done something other than laugh & post their video on the internet. Yet there's discussion in the video that they were discussing when it happened--which clearly indicates that they were NOT watching it happen in real time!

Therefore we don't know if mall security was aware of the event until well after it happened. (One could deduce that mall security might only learned about the fall from the mall janitor in the video who spoke to the woman after she fell in the fountain.)
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Anonymous Coward, 21 Jan 2011 @ 1:38pm

Re: haha, but really
She was being used as a bad example. Watch where the hell you are walking.
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Rose M. Welch (profile), 21 Jan 2011 @ 1:51pm

Re: Re: Re: Re: Re: Re:
Nah, I'm just home and bored this week.
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s0v3r1gn (profile), 21 Jan 2011 @ 2:01pm

Ths is why I have so much trouble as a photographer...
"One would expect security video to be confidential, not some sort of voyeuristic tool."

There is no implied confidentiality in security video, as a moter of fact there is an implied use in all security videos. Why would it be private, it's there to catch people doing stupid things they shouldn't(Theft, Vandalism, etc.)

As some have mentioned this is in on private property, which is not actually at all related to the use or recording of the video. People are mixing up private/public property and private/public spaces. If private property is opened up for public use(such as a mall, museue, etc) it is considered a public space.

There is no "Reasonable Expectation of Privacy" in a public space. Therefore your picture can be taken and video recorded at will. Most people think that jsut because they are in a Mall, or at the Airport, or in a club that I can't take pictures of them. Acctually the opposite is true, I have every right to take your picture.

People just need to grow up and stop being stupid about things like this. The lady messed up and now like a second grade kid has had her feelings hurt.
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Anonymous Coward, 21 Jan 2011 @ 2:01pm

Re: Re:
Why would someone "bright" want to get out of Jury Duty? I would think (I'm not particularly bright myself, nor have I served on one) that the unique experience of Jury duty would be an activity that one with higher-than-average intelligence would crave.
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Gary, 21 Jan 2011 @ 2:18pm

Humiliated?
If that were me falling in the fountain while texting and I found out it was on UTube, I would send links to everyone I knew and a few I didn't. 15 minutes of fame and being funny at the same time. How cool is that. New pick up line, "Hi, I'm the dude on UTube that walked into the fountain at the mall. Want to see my scar?"
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Leo Ghost, 21 Jan 2011 @ 2:20pm

They show security footage on the news all the time for different reasons, why would a bit of humor be any different?

I think the real issue is public v. private as many of you are hitting on. I'm no lawyer, but if you can be arrested in a mall for public nudity then I'm pretty sure you have no expectation of privacy. If you did there would never be anyone convicted of public nudity in malls (which sadly, isn't the story in the United States).

As for a jury trial, unless you have a number of people who are against the system you'll never get a majority vote in her favor. Most of the jury will simply laugh and vote that it was her own fault. She'd probably have better luck finding a corrupt judge than stacking a jury :P
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Anonymous Coward, 21 Jan 2011 @ 2:22pm

Re: easiest way to stop her from suing
is getting a few other girls to threaten to sue too.
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Anonymous Coward, 21 Jan 2011 @ 2:28pm

Re: Re: Re: Re:
You guys miss the point: In a public place, no model release or agreement for use of a video is required. The mall, being a private place (even with the public in it) is not subject to the same rules. A news camera crew could not enter the location without permission, example.

Most importantly, while there are security camera, one's expectation is that they are used for security, not for broadcast. Without consent, that video should not be used for anything other than it's intended purpose.

She has a strong case.
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Anonymous Coward, 21 Jan 2011 @ 2:34pm

My bet is on an attorney tracked her down, and talked her into this, and he has no qualms about publicly riding her reputation into the ground for his own benefit. While she easily could have said "no thanks," she made her second poor judgement of the week by accepting his services.
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Sajjon, 21 Jan 2011 @ 2:35pm

Re:
Seriously?..."she is in a private place that is public" holy shit that is a retarded statement.
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Chuck Norris' Enemy (deceased) (profile), 21 Jan 2011 @ 2:37pm

My theory
My guess as to what happens is as follows:
1. Lady falls into fountain...nobody was really around so nobody noticed. I doubt security even saw it on their monitors.
2. Lady calls security telling them what she did.
3. Before going out security reviews the tapes and then changes their pants after wetting themselves. This could easily take 20 minutes, especially if they want to have themselves covered liability-wise before talking with her.
4. Later guards upload to YouTube for all to witness.

If the lady never would have called security in the first place I bet nobody would have known. I am sure she told her cousins about this so once they saw the video that matched the lady's story they knew it was her.
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Anonymous Coward, 21 Jan 2011 @ 3:24pm

There are security cameras in the bathrooms at WalMart. If something funny were to happen there, would it be OK for a security guard to post it online?

I'm not saying that she should win her lawsuit, but I still think that it is an invasion of privacy if all security video can me made available online. It's bad enough that we have to tolerate being videoed, it is even worse if we can be mocked with it.

Another Example:
Would you want security video from the latest back-scatter X-Ray at the nearest airport of you to be posted online?

Bottom line, businesses and cities are pushing surveillance on us because they say they need it to fight crime. This is an example of it not being used to fight crime. They need to have strict rules about posting video that is taken as part of a security feed online. For that reason I hope this lady wins her lawsuit.

In my opinion it is very different if the video is shot in a public place with a cell phone camera where it can be seen, than if it is taken with a security camera (often hidden)

Just my two bits.
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Anonymous Coward, 21 Jan 2011 @ 3:24pm

Dear Cathy Cruz Marrero "Fountain-Lady",

you should try and find out whether Harvey Purtz "Naive-Father" is single. He singlehandedly destroyed his deceased son's reputation by letting everyone know he was a racist and a homophobe, and you singlehandedly managed to look like a moron, and an untrustworthy character because of five felony charges -- including theft by deception and receiving stolen property.

You two need to hook up.
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JMT, 21 Jan 2011 @ 4:16pm

Re:
"Actually, she claims that she didn't know about the video until friends of her (including the person she was texting), informed her that she had been filmed falling into the fountain and that it was available online. "

There's no way she could be identified from the video. She must have told friends what happened, then one of those friends found the video and made the connection. Her identity still wouldn't have been made public if she hadn't freaked out and run to a lawyer. Textbook Streisand Effect.
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PRMan, 21 Jan 2011 @ 4:21pm

Re: Re: Re:
While it's right up there with "making my next house payment", somehow it doesn't quite compare.
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PRMan, 21 Jan 2011 @ 4:24pm

Re: Re: Re: Re:
Or that an unborn child can be a murder victim, but also can be aborted without penalty.

Which is it?
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ChurchHatesTucker (profile), 21 Jan 2011 @ 4:24pm

Re: I can't decide which part is funniest...
4) "It could have been a bus."
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David, 21 Jan 2011 @ 5:46pm

Dangerous
Yes. Texting while walking can be dangerous. It could have been a bus, she says. How about she uses that gray lumpy stuff in her head? A lawsuit because she walked around oblivious to her surroundings?
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Anonymous Coward, 21 Jan 2011 @ 6:11pm

Re: Re: Re:
Two reasons. First of all, they may fear of retribution from a violent defendant (depends on the particular case, of course). Second, jurors who work full time are typically unable to work their normal job. While the laws on that depend on the area, the compensation that juror's receive is generally quite poor. Unless their employer choses to pay them for not working or are required by law to do so, the juror typically won't make much money for the duration of the trial.
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Anonymous Coward, 21 Jan 2011 @ 7:23pm

Re: Next up, sue the news
Funniest 'home' videos.
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Anonymous Coward, 21 Jan 2011 @ 7:25pm

What the heck, I posted the words

funnies 'home' videos a a response, with no links, and it says that my post will first be reviewed? Strange.
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Anonymous Coward, 21 Jan 2011 @ 7:27pm

Re: She's doing it wrong
She could have put it on funnies 'home' videos (or some equivalent) and made some money.
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Anonymous Coward, 21 Jan 2011 @ 7:28pm

Re:
(n/m, I guess because it was too short the spam filter assumed it to be spam)
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Anonymous Coward, 21 Jan 2011 @ 7:31pm

Re: Re: Re: Re: Re:
From the clip it looks like it isn't the actual mall video but someone recording the monitor from a phone. Don't know if that would matter.

She complains that no one came to her aid fast enough, but at the end of the clip a maintenance worker does interact with her, presumably asking if she's okay (someone in the monitor room even says such). There were also other people about that could've helped her but didn't.

She did something dumb, and has now compounded it with something dumber: instead of keeping silent and being merely thought a fool, she opened her mouth and proved it.
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Anonymous Coward, 21 Jan 2011 @ 7:35pm

Re: haha, but really
I see security footage all over the TV and the internet.

Evening News and Failblog.com come to mind.
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Anonymous Coward, 21 Jan 2011 @ 8:29pm

Well she was embarrassed. You see in her own words she said that one of the people from her church knew it was her in the video. This detective work was based on how she walked.

She complains that mall security did not rush to her aid, yet in this handy video we see her get up and walk away unaided. It was after she went to someone else and then called security that it took them 10 minutes to show up. The wording is important, was it 10 minutes from the fall or 10 minutes from the call. Did she call and request they get her medical attention? Or did she call and report she was the one bathing in the fountain. One gets a very fast response, the other gets some confused people showing up wondering what it is they are supposed to do. Other than her pride she appears uninjured, one wonders if she is one of those people who call 911 because they have a sore throat.

And now it comes out she has stolen from coworkers to the tune of around $5000. Oh and she is actually 3 years older than she told the media. And she is just all upset about everyone knowing who she is... from how she walks... And her cell phone was "stolen" shortly after this, no possible way she could claim theft because they won't replace a phone used as a tea bag. She is after all a good upstanding citizen who would never steal....ummmm nevermind.
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Daemon_ZOGG (profile), 21 Jan 2011 @ 8:37pm

"...Video Captured Her Text-And-Walking Into A Fountain"
Well, at least she was walking and not driving. And, yes.. She's still an idiot for doing so. She should be happy she didn't qualify for the Darwin Awards and quit making more of an ass of herself in public by sueing. We've all done stupid crap in public before. It's just that most of us had enough common sense to throw are hands up and move on.
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Anonymous Coward, 21 Jan 2011 @ 9:41pm

Re:
"One would expect security video to be confidential, not some sort of voyeuristic tool."

Really? I guess you missed this article at ARS...

Peep show: inside the world of unsecured IP security cameras
http://arstechnica.com/gadgets/guides/2011/01/one-mans-journey-through-the-world-of-unsecur ed-ip-surveillance-cams.ars

"Though they are relative newcomers to the surveillance market, IP cameras caught on quickly and are rapidly stealing market share and consumer preference from traditional (analog) cameras. In an analog system, all cameras need to be wired directly back to a central recording system using analog cable (typically RG-59 or RG-6 coaxial). Installation can be a financial and practical nightmare, especially on larger properties where there may be hundreds or even thousands of feet between cameras and their base station.

...

Once an IP camera is installed and online, users can access it using its own individual internal or external IP address, or by connecting to its NVR (or both). In either case, users need only load a simple browser-based applet (typically Flash, Java, or ActiveX) to view live or recorded video, control cameras, or check their settings. As with anything else on the Internet, an immediate side effect is that online security becomes an issue the moment the connection goes active.

Though most NVRs require usernames and passwords for access, many individual cameras do not. An NVR can have the most advanced password imaginable, but if its remote cameras are online and unprotected, anyone with a web browser can completely bypass the system's security, no hacking required."
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Anonymous Coward, 21 Jan 2011 @ 11:12pm

Re: Re:
Private property open to the public. It's private, in that it's privately owned, but it's open to the public. State courts sometimes make a distinction when making decisions.
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Rose M. Welch (profile), 22 Jan 2011 @ 12:33am

Re: Re: She's doing it wrong
No, she doesn't own the video.
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RikuoAmero (profile), 22 Jan 2011 @ 1:23am

How stupid can you get
An employee of a mall walks into a fountain while texting.
Stupidity +2 (1 for "you're an employee there, you should know the general layout blindfolded, and 1 for not paying attention while texting (I read while walking but then, I've mastered the art of paying attention to my surroundings, its called peripheral vision and hearing folks))
Gets out of fountain immediately without requiring any help

Hears friends talking about this viral youtube video about a woman who fell into a fountain. Immediately confesses to friends it was her. Stupidity +1
Finds and hires a lawyer at no doubt considerable expense to her. Stupidity +1
Sues the shopping mall where she works for a completely stupid reason. Stupidity +1
Doesn't think "Oh, my reason is completely stupid, and the mall will have better lawyers". Stupidity +1
Doesn't think "Will the mall want to retain me as an employee knowing I'm prone to throwing around insane lawsuits against my employer?" Stupidity +1
GIVES A TV INTERVIEW SHOWING HER FACE SOUNDING LIKE A FUCKING CRYBABY WHILE ADMITTING "I COULD HAVE WALKED INTO A BUS" IT WOULD HAVE BEEN HER OWN FUCKING FAULT. STUPIDITY + INFINITY
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RikuoAmero (profile), 22 Jan 2011 @ 1:26am

Re: How stupid can you get
And in case anyone calls me out on the fact I read while walking...she admitted she would have continued texting while crossing the road. I at the very least put down my book and look both ways, cross quickly and then continue on my merry way.
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Anonymous Coward, 22 Jan 2011 @ 1:50am

Re: How stupid can you get
I agree and hope she loses, simply because stupidity should never be rewarded. The edge of that fountain would have been a good place for her to grab a seat and go about her texting.

If anything she should laugh it off. She put smiles on faces, brought laughter to millions of people, AND she gets her 15 minutes:) But NOOOO... instead she runs to a lawyer and comes out looking like a total prude with no sense of humor.
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techflaws.org (profile), 22 Jan 2011 @ 2:58am

Re:
Wrong angle. The point is that it's NOT ok for Walmart to have security cams in bathrooms.
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Anonymous Coward, 22 Jan 2011 @ 6:56am

How to get rid of idiots like this:
Should have had piranhas in the fountain!
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Anonymous Coward, 22 Jan 2011 @ 8:28am

I still wouldn't recognize her if I saw her on the street.
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btrussell (profile), 22 Jan 2011 @ 5:20pm

Good thing she wasn't driving.
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hyphy juice, 22 Jan 2011 @ 7:47pm

shes an idiot
The fact that she's even considered a lawsuit is just all around pathetic...She's the one who was stupidly texting while walking and obviously not paying attention. So yes she should be embarassed but someone please tell me what the hell the embarassment is going to do? Is it going to give her life hell? OMG her friends saw her faceplant into a fountain so I guess her life is over, right?
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Derek Kerton, 22 Jan 2011 @ 8:08pm

Re: Re: Who to blame
The first one was insightful. The second, less so.
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Any Mouse (profile), 22 Jan 2011 @ 9:30pm

Re: Re: Next up, sue the news
'Home' as in 'Not staged, and not a professional production.'
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btrussell (profile), 23 Jan 2011 @ 3:31am

Re: shes an idiot
She is on probation and is still going to court for credit card fraud, if I remember correctly.
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Chris Rhodes (profile), 23 Jan 2011 @ 9:54am

Re: Re: Re: Re: Re:
Or that we have to ban P2P distribution of music because musicians won't have any incentive to make more, but we also have to ban P2P distribution of child porn because it will only incentivize pedophiles to make more.
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nasch (profile), 23 Jan 2011 @ 5:44pm

Re: Re: Re: Re: Re:
A news camera crew could not enter the location without permission, example.

I doubt that's true. They would certainly have to leave if told to, but what law are you saying they would violate by entering the mall?

Without consent, that video should not be used for anything other than it's intended purpose.

That's a moral judgment. Was anything the security guards did illegal? The closest I think you could come is some kind of violation of an employment contract, but that wouldn't involve the woman.
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nasch (profile), 23 Jan 2011 @ 5:50pm

Re:
There are security cameras in the bathrooms at WalMart. If something funny were to happen there, would it be OK for a security guard to post it online?

It depends on whether a court rules that you have a reasonable expectation of privacy. It's a bathroom, so normally yes. But if the cameras are blatantly obvious or pointed out with prominent signage, then less so.
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Anonymous Coward, 24 Jan 2011 @ 10:02am

What surprised me was that she came out and Gloria Allred was not her mouthpiece.
Where's Gloria?
One of the security at the mall was fired over this.
And this woman has a criminal past.
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Almost Anonymous (profile), 24 Jan 2011 @ 10:17am

Re: I can't decide which part is funniest...
I don't think she's going to get a web redemption, seeing as she's all sue happy. She might be the next video breakdown though!
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Anonymous Coward, 25 Jan 2011 @ 9:29pm

what an idiot! maybe she shouldn't walk and talk either!!!!
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Anonymous Coward, 25 Jan 2011 @ 9:32pm

what an idiot! maybe she shouldn't walk and talk either!!!!
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