Inattentive Texter Falls into Mall Fountain, Lawyers Up

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pastorbob

Just another testimony to a country where the lawyer to citzen ratio is many times greater than any other country in the world. All of those poor underworked attorneys need to do something to fill their time.

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gothliciouz

c'mon is this even real?

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Caboose

i no RITE! u can TOTALLY c teh strings!!

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sammyd253

Yeah, this is totally my local mall (Reading, PA).  I was furious when I read this article on the Reading Eagle's front page.  More details just surfaced today:

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

If she thought she was embarrassed before, she has no idea what she's in store for now...

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Blues22475

She just screwed herself over. Not only did she make a fool of herself in public and attempted to get closure by suing the mall, now she faces crimes she may or may not have committed. She should have just stood up and gtfo out. Someone posting a video of her on youtube shouldn't mean all that much; junk on youtube comes and goes at such a rate it won't even matter next week.

Now she's about to go to jail for identity theft.

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JeyNyce

REALLY?!

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jackal49

p

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TheQuietShadow

delete this!

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Torcflaed

the woman who made a name for heerself sueing McDonalds is presently in federal prison for pulling the coffee scam, seems she was also puling the same scam at several other restaunts in several states and having her name in the news brought the whole thing to the attention of the feds.

so I guess if you cannot take the heat stay out of McDonalds ;)

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D00dlavy

You're retarded and full of crap.  This woman was eighty-something years old when she sued.  She's dead now.

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Zazubovich

Sounds like internet rumour BS.  Never makes sense because the same people who will swear this story is true will turn around and tell you teh gubmint can't do anything.  Then how did they bust somebody for fraud?  Typical.

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Keith E. Whisman

Man I hope that girl gets millions. I'm sick of these decorative mall fountains, I, myself have fallen at least a dozen times into the fountain at my local mall and I don't even text, that tells you just how dangerous these things are.

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Cruzg10

Anything after the 1st time, you kinda deserve it

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Caboose

No kidding. One time I was at the mall, minding my own business when all of a sudden out of no where, *SPLASH* a mall fountain appeared out of nowhere and I ended up face first in it! They are a menace to society and need to be stopped!

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TheQuietShadow

yeah, when you're a moron!

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draconis123

For real. If you've fallen into a fountain that big a dozen times, you just might have a few extra chromosones.

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Techrocket9

That was a really silly thing to do. I don't think that she-

 

waaa! *Splash*

 

-Sent from my cell phone (jk)

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MarioJP

Is her phone okay...?? hope it did not get wet :p

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popstop785

She is an idiot and had she used her brain and common sense, this would never had happened. People laugh at idiots. They should sue her for jumping into the fountain, that is obviously off limits to the public, and trying to steal the change! :P

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Keith E. Whisman

Don't forget that a woman got millions for buying a cup of hot coffee at McDonalds. The coffee was hot and when she spilled it on herself it burned her and she sued and won. It was like 5 or 6million dollars. 

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aviaggio

It wound up being reduced to about 600K. After both sides appealed it was settled for an undisclosed amount that was less than 600K.

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Zazubovich

McDonalds wouldn't settle for paying her medical bills, which were substantially less.  This is just another in a long line of moments when conservative liars need their heads slapped in the hopes that what little diseased fragments of brains remain can maybe bounce off another bit and make a connection.

http://library.findlaw.com/1999/Nov/1/129862.html

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MarioJP

If she wins this case, this would be very sad. I HIGHLY DOUBT she is hurt in anyway. This is why this country is going BROKE. Again I am crossing my fingers that she LOSE THIS CASE. In fact she should suck it up, own up to her mistakes and MOVE ON. As for people making fun of her oh well that's life lol. I would agree releasing this video on youtube is unacceptable but hey who could stop these people from doing it.

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Ghok

Lots of different issues here.

Falling into the fountain? Totally her fault. No question. But I don't think this is being debated by her or her lawyer. Just people who like to comment on news stories without really reading them.

Staff not offering aid? Maybe. Her lawyer does have a point. If staff truely just ignorned her, then they're at the very least not doing a very good job.

Putting the video on YouTube? Not acceptable. I'm surprised the person who did this wasn't fired immediatly. Has anyone ever worked somewhere where this would be acceptable? Laws vary from place to place, but in some places it would be illegal. It's at best, pretty heartless.

Of course, no one would have known it was her if she hadn't decided to sue. I don't have much sympathy for her, and I watched the video and laughed like everyone else, but it's stupid to act like there's nothing wrong with staff laughing at someone's misfortune, and then releasing a video of it! I would have not involved lawyers, but that's just me.

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Derek Fredette

You people are really moronic - the mall security guard doesn't own the video which was released.  Becasue he's an employee of the Mall, that makes his conduct governed differently.  He wasn't acting as a private person releasing his own video of this dumb broad falling into the drink - he had no right to release it because the video was capture by mall security camaras.

Read the law - I have read thousands of cases.  God help us when and if some of you ever have to make a decision.  Now I know why this country is in the drink along with this woman.  It's full of ill-educated.

d

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Keith E. Whisman

I don't know how it would go, but it's obviously a video the guard made while watching the video. So he never uploaded the actual mall security video it's just a video of the video as the video is playing. I'd argue that and try my best to just confuse everyone. 

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kxiro79

I bet Derek has a GED lives at home with his mom and works at Taco Bell.

go to dereckisadouchedotcom to vote now

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Derek Fredette

Google my name - you'll see all about me.  I don't hide behind anonymity - that only breeds cowadace. 

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Keith E. Whisman

that's not a real website. Every time I type in that URL it comes back as invalid.

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Caboose

All I get is porn...

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haboh

yes, but what does that have to do with her? Sure the mall could sue and fire (and probably have) the security guard for releasing their video. But it's not her video so why should she have a right to cash in? 

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haboh

This reinforces my belief that we need a group of internet vigilantes, to publicly shame these idiots from suing for being dumb. 

Here's the plan: Moron sues for falling into fountain/walking on the hightway using google maps etc. The vigilante group then makes sure everyone, especially neighbors and relatives, know what a dumbass this person is, and how they are wasting taxpayer money and court time. I'm thinking flyers, lawn signs etc to really make an impact. In the end all these morons would be so scared of having their stupidity broadcast that they'd think twice about suing. I realize this is a vain hope, but I'll keep dreaming. At least it would be fun..

Kinda sounds a bit like Gordon's Batman 2.0 now that I think about it.

 

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Ghok

Yeah, because internet lynch mobs have never made mistakes before. You actually just have to read this thread to see why this is a bad idea.

There's already a pretty good way to stop people from suing when it's not deserved. It's called a Judge.

 

 

 

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Khoiboi

Our connotative idea of a vigilante is somewhere between batman and awesome, but in reality, vigilantes are extremely biased and ill-informed. Take anonymous for example, have you ever read up any of their "bad decisions to enforce justice"?

Also, it'll take about one minute before one of your "internet vigilantes" to say something like, "I have a horse."

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MarioJP

I hope she loses this case. No wonder the legal system is all screwed up. "sue for anything even if its your own fault" As for the you tube video it could be anybody posting that video can't stop the internet. Should be a lesson to those that walk and text ON THE SECOND FLOOR IN A MALL. Now that i seen the video SHE HAS NO REASON TO SUE. serves her good lmao!!

in any case hope the phone is okay i mean her :p

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violian

This reminds me of the Windows Mobile 7 commercials. Microsoft should take a look at this footage and see what kind of phone he was using.

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I Jedi

Yeah, she started crying, it was pathetic. She tried to make it out to be like it was the stores fault for her texting and not paying attention. These types of people disgust me. A prime example of a degenerate society.

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bling581

I don't claim to be an expert on the law, but how is an employee posting the video any different than someone catching it on their smart phone and posting the vid to YouTube? I doubt if it was a mall shopper that she would be trying to sue. It was wrong that they posted the video and I'm sure their boss will be talking to them, but that's all that's gonna happen.

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Neufeldt2002

I'm not sure about in the US, but I can guarantee that in Canada any lawsuit holding the mall to blame would be thrown out of court. However, after saying that, she may have a case against the people uploading the video causing undue duress. (Not sure if that is the correct term.)

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dpgdog187

I dont know about everyone else but serves her right for texting while strolling around. This should be a message to people to continue to partake in their day to day activities while texting to stop and looking around once in a while. The security guard was wrong for not offering helping but he doest have one thing going for him called Article 19 of the Universal Declaration of Human Rights which protects free speech. He can say whatever he wants about the scenario because its protected under the laws of our land and frankly shouldn't face anything more then a repremand on his/her job for laughing and this womens misfortune.

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Derek Fredette

The mall security staff were unprofessional for failing to rnder aid, determine if aid was necessary, mocked her misfortune and for releasing the video of the event.  It's a good thing I don't run the mall, as they would be suspended pending the investigation.  But the mall is most likely derilict in not having policies in place which govern the release of customer video taping.  That's a condition each of us should think on.

By laughing this off with a "serves her right", only lets the behaviour of the public release of our everyday activities continue.  I'd not shop at the Berkshire mall thinking that they might put up a video of me or my family on youtube.  I sincerly hope the lawyers for her case stick it to the mall and get paid.

No one should tolerate being mocked.  Berkshire mall embarassed itself by letting this tape hit the internet.  But I probably am only one voice in a chorus of those who'd laugh at this.  Go ahead, folks...keep laying down for cameras watching everything you do...

d

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kxiro79

Derek you are what is wrong with our country today. People should be held accountable for their stupid actions. Not sue happy. Just don't do something stupid in front of a camera and you will be fine. I guess in your case will only be a matter of time.

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Khoiboi

We're in 'Merica! where there's a camera around every freaking corner and if there isn't, it'll cost like $100 to buy one anyways. What if I walked down the street, not texting, and I accidentally tripped when a dog runs between my legs and I fall into a soft patch of grass. The camera on the ATM machine or something happens to catch it and the guard posts it on youtube and mocks me. It'll be the same case, just take out the whole, "The victim was an idiot" part and you'll see what kind of ruling this case may get.

Despite her idiocy, the mall personnel should not have posted it online. For one, it was not their property. If it was a bystander, then they could have argued that, but it wasn't. Secondly, they were WORKING. If I was at work and making youtube videos, my boss would fire my ass =[

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Havok

I don't know about the Berkshire mall, but at my local mall, there are only so many security and janitorial staff around at any given time. What are they supposed to do? Immediately bolt from wherever their offices are to what I presume would be the middle of the mall itself? Draw more attention to the already embarrased shopper for plunging head first into a fountain without knowing? I know this is on the internet, but the vast majority of people won't pay attention to it in a few weeks.

Yes, no one should tolerate being mocked, but, sueing the security staff seems a bit much. Why not sue every other vendor in the immediate area for not rushing from their storefronts to her aid? Or how about sueing the nearby shoppers for not aiding her either? Heck, why not sue the architect who designed the floor plan of the mall!

This woman is going to draw even more attention to herself and her lack of perception, now that she is sueing. If she would have left it alone on the Internets and Youtubes, she could have just walked away from it all.

I know if I did something stupid and it got caught on tape and uploaded to the web, I wouldn't be mad. I'd be happy that something funny came from something stupid.

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da_samman

Agreed, athlon11.  She should have paid more attention to where she was walking, and therefore has no right to complain.  By the way, the only thing "injured" was her pride and dignity.  She should just suck it up and move out.

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Biceps

Well, normally I would feel a little sorry for someone who embarrassed themselves so thoroughly. However, this person then made her name public by filing suit against the mall, and has shown the entire world that she is a very, very poor sport.  So it appears she isn't terribly intelligent, and has no sense of humor.  So now I just feel sorry for her boyfriend.

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athlon11

She has every right to sue, that's part of our legal system. The judge then has every right to throw this out of court as being ridiculous and hold her accountable for the mall's legal fees, which is what should happen.

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routine

+1

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Blues22475

The only thing she could sue for is that the security released the video tape of that onto the Internet. Even still it may not even win cause there not enough evidence that the security staff even doing it.

Otherwise, she made an ass of herself. If she's suing on those grounds, she will not win. It should be common sense to stop and look at your cell phone when you got a text. You don't keep walking and texting (because that can lead to fail).

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thinknoffcenter

Typical of the people who live in reading, pa and work at that mall to laugh at this....it cracked me up too, but I don't think she should be able to sue over her own inattentiveness and stupidity. and if you read the whole story on aol like i did yesterday, and watch the whole video, a janitor did ask her if she was ok as she was leaving the mall.....she gave nobody else a chance to get to her.....her dumbass fell into the fountain, lept up and out of it, and made a b-line for the exit.  where do we draw the line between common sense and fault...but I guess we can't ask the government and legal system in this country to do that...they would be out of business then!!!

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