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I'm suing: Shopper who fell in mall fountain while walking and texting hits out against laughing security guards


Henry

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http://www.dailymail.co.uk/news/article-1348923/Im-suing-Shopper-fell-mall-fountain-walking-texting-hits-laughing-security-guards.html?ito=feeds-newsxml

This should be a fun thread. :)

Video of the whole thing is at the bottom of the page.

I'm suing: Shopper who fell in mall fountain while walking and texting hits out against laughing security guards

By DAILY MAIL REPORTER

The woman who accidentally fell into a shopping mall fountain while texting on her mobile phone has spoken about the incident for the first time - and says she is suing.

CCTV footage of Cathy Marrero failing to notice that she was walking straight into a pool of water became a YouTube hit after being watched by 1.5million people.

But the 49-year-old, revealing her identity for the first time, says she doesn't find the video very funny and plans to take the mall in Wyomissing, Pennsylvania to court after accusing staff of laughing instead of helping her out of the water.

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The were watching the replay of the video, it was not live. Even if they were watching live by the time security got there she would have already been out if the water. The water there is not very deep. I hope she ruined her phone by getting it wet.

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Throw this idiot out of court. just make sure she doesn't walk into the street and get run over while she's texting her displeasure.

I'd hate to have to see someone have to go all the way to the car wash to clean such stupid brains off their bumper.

~Bang

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I'm not a fan of denying access to courts so I don't say "throw her out of court". I wonder what her cause of action is. UK may have some different laws which handle this this type of thing. For instance, are these guards private or public guards; are the cameras part of a national system? Would you feel different about this case if it was a woman suing over her scatter-ray picture being uploaded to the internet by the TSA

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I agree about releasing the video, but it's not like anyone would have even known it was her.

Now the world knows because she came forward to complain about it.

---------- Post added January-20th-2011 at 09:34 AM ----------

I'm not a fan of denying access to courts so I don't say "throw her out of court". I wonder what her cause of action is. UK may have some different laws which handle this this type of thing. For instance, are these guards private or public guards; are the cameras part of a national system? Would you feel different about this case if it was a woman suing over her scatter-ray picture being uploaded to the internet by the TSA

This happened in Pennsylvania.

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Hilarious :ols:

There is obviously a lawyer who thinks she can win. I'm sure it will be on the grounds of providing a safe shopping environment, yadda yadda. Sadly, I bet the mall settles. They're insured and it will be cheaper than fighting it. I hope they do fight it though.

Liability in this country is absolutely out of control. This is a perfect example. Whether she wins or not, what this means for the mall is that they will be required to put more guards on the payroll, get a complete safety audit performed, and most likely make improvements to the grounds. This will most likely cost the mall $100s of thousands. Just to make it absolutely idiot proof so the next slack jawed dumby who decides to pay the mall a visit can't stub their toe. Meanwhile, the mall will need to get this money back, and will have to charge higher rents to tenants. Which means the tenants will either pack up and leave (urban decay, yay!) or pay the increase (higher prices for all of us! yay!) just because of the dumbass factor.

/rant

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The security guards should counter sue for defamation of character, job endangerment and exposure to grumpitudinous crabbiness.

Edit: Henry,

The thing is people have got to learn to laugh at themselves especially when you are a doofus. We all have those moments. Those who are laughing with their own stupidity make out better in life... or at least have fewer ulcers.

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I am no lawyer, but I think it is a bit harsh to release the video. Not sure what the laws would be about releasing such a video.

With that said, I couldnt stop :ols::ols::ols:

I think I can agree with that.

I think complaining about being laughed at is, well, worth laughing at.

But I think that complaining about the mall releasing the video is a legitimate complaint.

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Hilarious :ols:

There is obviously a lawyer who thinks she can win. I'm sure it will be on the grounds of providing a safe shopping environment, yadda yadda. Sadly, I bet the mall settles. They're insured and it will be cheaper than fighting it. I hope they do fight it though.

Liability in this country is absolutely out of control. This is a perfect example. Whether she wins or not, what this means for the mall is that they will be required to put more guards on the payroll, get a complete safety audit performed, and most likely make improvements to the grounds. This will most likely cost the mall $100s of thousands. Just to make it absolutely idiot proof so the next slack jawed dumby who decides to pay the mall a visit can't stub their toe. Meanwhile, the mall will need to get this money back, and will have to charge higher rents to tenants. Which means the tenants will either pack up and leave (urban decay, yay!) or pay the increase (higher prices for all of us! yay!) just because of the dumbass factor.

/rant

Ok, this is actually a perfect example of how the legal system does work.

First off, I can't access the website so I could only read the quoted portion... not sure why.

Second off, I don't see that she has a lawyer willing to take her case.

Third, if she proceeds with or without a lawyer, her case is worth about $5. She has absolutely no damage. In fact, I can't see a single lawyer thinking that this is a case worth his/her time. I'm sure some moron who does contract law will be willing to take the case, but no personal injury lawyer with any experience would waste their time.

Fourth, she's going to be thrown out of court, if she files a suit. I can't think of a single cause of action that she can make a case for.

Fifth, there is no way this will cost anyone "100's of thousands of dollars." Not in attorneys' fees, liability, extra guards, nothing. The mall is going to never offer a penny, and just file a motion to dismiss, and win.

All in all, it appears to me that this is a single person saying they are going to sue. She has no lawyer, and she has no case. Let's not bash the entire legal system because a single moron who walked into a fountain says she's "gonna sue."

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Fifth, there is no way this will cost anyone "100's of thousands of dollars." Not in attorneys' fees, liability, extra guards, nothing. The mall is going to never offer a penny, and just file a motion to dismiss, and win.

If you honestly think that mall management is going to sit and wait and see what happens, you're delusional. They have safety auditors on site right now, I guarantee it. And I promise you the ownership has been on the phone with management demanding an action plan. And investors have been asking questions of the owner. And the whole steaming pile of **** is rolling downhill at about 55 mph right now.

Why? Because there are lawyers who make livings off of bull**** like this. Producing nothing, creating nothing. Just leaching off the hard work of others.

Hence, lawyer jokes.

.......

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I think I can agree with that.

I think complaining about being laughed at is, well, worth laughing at.

But I think that complaining about the mall releasing the video is a legitimate complaint.

I suppose I can sorta see that as an invasion of privacy lawsuit. But, its not worth filing suit.

---------- Post added January-20th-2011 at 10:21 AM ----------

If you honestly think that mall management is going to sit and wait and see what happens, you're delusional. They have safety auditors on site right now, I guarantee it. And I promise you the ownership has been on the phone with management demanding an action plan. And investors have been asking questions of the owner. And the whole steaming pile of **** is rolling downhill at about 55 mph right now.

Why? Because there are lawyers who make livings off of bull**** like this. Producing nothing, creating nothing. Just leaching off the hard work of others.

Hence, lawyer jokes.

.......

Ok, I'm watching the woman on good morning america, and the lawyer she has says they are not prepared to file a suit, and they want an apology specifically for releasing the video.

I'm sorry, but I have dealt with premises liability cases, in which there were very real problems, i.e. broken elevators, escalators, causing real injuries, e.g. broken bones, nerve damage, and they are not going to offer anything for this lawsuit.

You are the one who is delusional if you really think this is going to cost anyone 100's of thousands of dollars. Unfortunately, you are delusional because of the myths of the legal system that have been perpetuated by big businesses and insurance companies looking out only for their bottom line, and usually at the expense of consumer safety.

As far as personal injury attorneys "leaching off the hard work of others," I am seriously offended. First off, law and especially trial law is seriously hard work. If you think this is easy, come sit at my desk and do it. Second, I don't see what the hard work is that I am leaching off. Let's take this case, I guess you are referring to the seriously hard work of the security personnel who were taping a video and posting it on youtube?

Anyway, I am sorry, but you do not understand litigation. This case will never be filed. This woman will probably get an apology from the mall in exchange for a release of all claims. Legal system works.

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If you honestly think that mall management is going to sit and wait and see what happens, you're delusional. They have safety auditors on site right now, I guarantee it. And I promise you the ownership has been on the phone with management demanding an action plan. And investors have been asking questions of the owner. And the whole steaming pile of **** is rolling downhill at about 55 mph right now.

Why? Because there are lawyers who make livings off of bull**** like this. Producing nothing, creating nothing. Just leaching off the hard work of others.

Hence, lawyer jokes.

.......

Sounds like a stupid client to me. It would be dumb to do anything major before this woman shows she's really going to sue. 90% chance you never hear from her again.

If they're handing out free money though, I'll take it. The customer is always right. :D

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Rather fitting that she's the one drawing attention to her own stupidity. And even added to it with the stupidity of the lawsuit.

Those fountains will have railings around them at every mall in 6 months if that law suit wins.
Sad truth. Lawsuits can make some positive changes, but this would be a waste on a couple levels.
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Edit: Henry,

The thing is people have got to learn to laugh at themselves especially when you are a doofus. We all have those moments. Those who are laughing with their own stupidity make out better in life... or at least have fewer ulcers.

I'm sorry. Did I give you the impression that I was in any way sympathetic to this woman? :)

I think she's an idiot. And I think she's a special kind of idiot for letting the world know who she is. I wouldn't have even known about this video if this dingbat hadn't put herself on the news.

The only conceit I can make is that putting the video out might be considered grounds for ... something, though since her identity was not revealed in the video I doubt even that.

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If you honestly think that mall management is going to sit and wait and see what happens, you're delusional. They have safety auditors on site right now, I guarantee it. And I promise you the ownership has been on the phone with management demanding an action plan. And investors have been asking questions of the owner. And the whole steaming pile of **** is rolling downhill at about 55 mph right now.

Why? Because there are lawyers who make livings off of bull**** like this. Producing nothing, creating nothing. Just leaching off the hard work of others.

Hence, lawyer jokes.

.......

I don't think a lawyer agreed to file suit. If a lawyer does decide to file suit, you can rest assured that he/she will not be in business much longer. The legal system incents lawyers to file suit only if there is a valid claim. Granted, lawyers sometimes make bad decisions ... but one too many bad decisions can mean bankruptcy or disbarment.

So, I don't think the public should read stories like this and point their fingers at lawyers.....they should be pointing their fingers at themselves. People complain about lawyers until something bad happens to them....at which point they're ready to sue anyone who is even remotely related to their misfortune.

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Anyway, I am sorry, but you do not understand litigation. This case will never be filed. This woman will probably get an apology from the mall in exchange for a release of all claims. Legal system works.

I understand firsthand what a large organizations' response is to negative media coverage, threat of lawsuits, and idiots. Which is what I am speaking to.

As for litigation, you're right. I'm not a lawyer.

I do know I was sued personally by someone I happened to piss off in 2002. He had absolutely no case. I brought it to a lawyer, who told me he had no case, but only after I paid him $1200 to do the research, and then stand in court with him while we waited for the plaintiff, who was a no-show.

You don't need legal grounds to sue, apparently. At least in the dollar amount I was being sued for (iirc it was somewhere around $20,000).

And when you are sued, basically being ****ed with thru the legal system by someone who doesn't like you, you can do nothing in return. "Malicious prosecution" requires years and hundreds of thousands of legal fees in order to prove. I was advised by 7 different lawyers not to go there.

So please, don't come to me and tell me that frivilous lawsuits don't occur. And that organizational (over)reaction doesn't occur. I know firsthand, personally, better than you on both.

So there. :)

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