Woman falls into fountain at a mall

[DriftyAlison0]

http://www.nowpublic.com/strange/cathy-cruz-marrero-video-woman-falls-fountain-may-sue-2749367.html Some people needs to put it in their heads, that walking and texting does not mix.

[Taz_Zoee]

She claimed security staff failed to help her after she fell in. It looked like she got out almost as quickly as she fell in. Didn't appear she needed any assistance getting out.
I'm sorry, but I laughed! :D

[Grace]

I saw that on the news tonight. She seemed a bit put off that everyone had seen the video. Too bad she was more interested in texting than watching where she was going.

It was a great lesson for those who think they can do two things at once, when one thing is staring at your phone.

[cassiesmom]

Whoops! (I laughed too, btw!)

[phesina]

It's also a great lesson in being careful what you're doing in ANY public place, if you don't want to find yourself being YouTubed around the world.

[chocolatepuppy]

Never let your feet go where your eyes haven't went first!:D

[Husky_mom]

laughed too..

but.. IF this happens while walking.. don´t wanna think if she also does it while driving.. scary!!..

[Grace]

For this woman, it goes from bad to worse -


The problems continue to pile up for the Pennsylvania woman who became the unwitting star of a viral video after she fell into a mall fountain while text messaging.

In the hours that followed Cathy Cruz Marrero's appearance on "Good Morning America" today to talk about the fall and its aftermath, she was in court for a status hearing on charges of five felony counts, including theft by deception and receiving stolen property.


entire article (http://abcnews.go.com/US/fountain-falling-texter-cathy-cruz-marrero-dont-text/story?id=12685189)

[blue]

I believe she is suing the mall.














She also worked at the mall she is suing.
























ETA: Yep its all in the article Grace posted.

[Freedom]

Idiots . . . they are everywhere. :rolleyes:

[Karen]

I hope the first judge that gets a chance throws the case out. Sorry, lady, it's called personal responsibility.

[blue]

I hope the first judge that gets a chance throws the case out. Sorry, lady, it's called personal responsibility.

Personal responsibility no longer exists in the Age of .GOV.

[moosmom]

Her leg went up WAAAAAY too quickly for it to have been an accident.

I see "SET UP" and a frivilous lawsuit on it's way. I hope the mall enters the video into evidence, which clearly proves it was staged, and the judge tosses it out.

[pomtzu]

She claimed security staff failed to help her after she fell in. It looked like she got out almost as quickly as she fell in. Didn't appear she needed any assistance getting out.
I'm sorry, but I laughed! :D

You're right - no one was close enough to her to render assistance before she was already in and out!

What a Moron.......:mad:

[Bonny]

I sure wouldn't want to meet her on the road. If she can't walk & talk on her cell she sure can't drive either. Had to laugh too.

[Asiel]

I really had to laugh at that one. I can't believe she would sue the mall for that. I thought one was responsible for watching where they walk, lucky it wasn't a deep dark hole she fell into. The path was clear, nothing in the way for her to trip on so I don't think she can win this one...glad texting while driving is against the law here...I can just imagine...

[Freedom]

The basis of her suit is not the fall, it is the release of the security tape to the public.

And the fact that you can hear (at least 2) people laughing, she claims that is the security folks, who SHOULD have been moving to see if she was ok; they arrived 20 minutes later (oh yeah, we are working here, maybe we better check for the report we have to write). Except often, the security guards aren't sitting in front of the screen, they are on patrol and it is only later someone reviews the tape, when something has been reported.

But I think both can be easily dealt with. The vid, you can't identify WHO that is, if she had kept quiet no one would know it was her. And the security tape was run and taped onto a cell phone, and from there, after who knows how many steps, posted on Youtube. Those voices could have been added at a later step. Not sure she could ever prove that either.

AND . . . her other crimes, she took a co worker's credit card and rang up over $500 of purchases???

[pomtzu]

It was said in GMA this a.m., that the security person responsible for putting the tape up on YouTube, has been fired.

I'm not so sure that it wasn't staged for the purpose of a lawsuit, too. If it was, it sure backfired on her. Hey - she deserves it..........:mad:

[Cat Daddy]

It looked like a scene from "Dawn of the Dead" where the zombie falls into the fountain at the mall.:p Glad she wasn't a "twitcher":D

[cool4catz2]

It looked like a scene from "Dawn of the Dead" where the zombie falls into the fountain at the mall.:p Glad she wasn't a "twitcher":D

LOL! Dont know whats funnier the moron falling into the fountain or the Zombie "twitcher" reference!:D.

[lvpets2002]

:p I will aggree.. I did have to laugh & at the same time shake my head of that is just too sad..


I sure wouldn't want to meet her on the road. If she can't walk & talk on her cell she sure can't drive either. Had to laugh too.

[lizbud]

The basis of her suit is not the fall, it is the release of the security tape to the public.

And the fact that you can hear (at least 2) people laughing, she claims that is the security folks, who SHOULD have been moving to see if she was ok; they arrived 20 minutes later (oh yeah, we are working here, maybe we better check for the report we have to write). Except often, the security guards aren't sitting in front of the screen, they are on patrol and it is only later someone reviews the tape, when something has been reported.

But I think both can be easily dealt with. The vid, you can't identify WHO that is, if she had kept quiet no one would know it was her. And the security tape was run and taped onto a cell phone, and from there, after who knows how many steps, posted on Youtube. Those voices could have been added at a later step. Not sure she could ever prove that either.





Right.:) Wonder what she was texting that was sooooo important it
couldn't wait?

[Freedom]

Right.:) Wonder what she was texting that was sooooo important it couldn't wait?

Someone from her church, needed birth dates for her and her husband. :rolleyes:

[momoffuzzyfaces]

The mall should sue her for contaminating their fountain. :D

[Cataholic]

I think it is silly to sue the mall. And, it doesn't seem that she was suing the mall for the fall, but from the conduct after the fall.

But, I am amazed at the number of people that have no issue with a stranger videoing this, and posting it on the internet. What if I video'd your child at a mall, or your teenage daughter making out with her boyfriend, and posted it on the internet?

What if you got into an auto accident, and had a bloody nose, was crying, whatever, and the police did nothing but take a video and upload it.

What if someone came into the hair salon while you were getting your hair highlighted, and you looked as silly as you did, and someone uploaded it?

The woman's conduct- texting while walking- isn't really the issue. She had no legal duty to not do it. She exercised poor judgment- no doubt about it, but, that's about where it stops- from a legal perspective. I suppose one could argue that her own poor judgment led to the result...but, again, that wouldn't be accurate, from a legal perspective.

I heard someone mention the situation with another person texting on a public street, and this person fell right into an open manhole. People sought to blame the person that was texting. From a legal perspective, that is a tough one. The city has a bigger duty to make sure there aren't dangerous conditions- like open manholes, and that duty would trump the duty of a person to watch where they are walking. I am sure there will be arguments made that there is comparative risk...as there should be, but, really the City would have a bigger burden than the texter.

Back to the mall texter. The conduct afterwards....that is open to interpretation. Was there a duty owed by the mall? Was the conduct of the mall "reasonable" when it posted the video (mall employee=mall). Should the wall of the fountain have been made higher? Think of a situation where it is a crowd of people walking, and someone accidently jostles someone else, and that person trips backwards over the fountain, strikes his/her head and drowns. This could very well happen at Christmas time, or, if the mall sponsors some big event. Would a higher wall have prevented that?

It is easy to discount the events, either because there was no real trajedy, or the texter is a very easy mark. But, from a legal perspective, it is a little bit more involved than it seems.



Again, I don't think it is a suit, but, really...it seemed kind of mean to do it. I was also surprised to see how easy it was for her to fall int to that fountain. We have fountains at our malls, and I have to life J up to throw coins in them, the walls are so high.

[momoffuzzyfaces]

Well, no one would ever have know who she was if she hadn't broadcast it all over!!! If you are acting or doing something funny in public these days, you are fair game since half of the population have camera phones. Just need to watch what you do in public. :love:

[Edwina's Secretary]

I don't know how anyone could recognize her from that distance but...Cataholic...I think this is an instance where the internet just means a wider audience.

When my sister was 15 she was in an auto accident. She was the passenger in a convertible that was hit broadside. It flipped with her in it (the driver was thrown out) and she landed on her head - then her back. Her head was split open, her back broken in three places and her pelvis was broken.

The next day on the front page of the local newspaper was a photo of her laying on the ground. She was a mess (most odd to me was a very proper woman with her 8 year old daughter with blonde braids standing over her looking "with concern" at what must have been a horrible sight and sound.)

Should my sister have been able to sue the newspaper? Should Gabby Giffords - whose photo - pantyhose clad legs, skirt all messed up and bloody head has been seen a million times be able to sue?

Why did she have to say "that's me!" Especially since it seems there are some warrants for her arrest that have been oustanding and now will be served.

I don't think you can make the world "safe" for people who don't want to do their part. If she ran into a wall because she was not watching where she was going - does it mean the wall should not have been there? If it had been a bench - and she did a flip over the bench because she was not watching where she was going -- is the bench a hazard?

[Cataholic]

ES- what a horrible thing to have happened to your sister. I would hope the paramedics/police were actively involved in attending to her. To think that they would have just stood around, gawking, taking photos, would be difficult to imagine.

While this woman at the mall was not injured, seemingly, the mall personnel did nothing. I would hope if she laid face down in the fountain, or fell to the floor on the, likely, marble like surface, they would have responded differently. In either event, including your sister's, I do think it in poor taste to publicize these photos/videos.

Again, as I stated in my earlier post two times, I don't think it is appropriate litigation. BUT, from a legal perspective, I can understand it completely.

As to making the world a safe place, when others might not do their part, I can only tell you there is a whole body of law on this issue: premise liability. It isn't as cut and dried as some might think.

[Edwina's Secretary]

Professionally - I deal with the other side of it. A couple weeks ago - a client called me - an employee was hurt while moving a bookcase. The heavy brass casting that sat on the bookcase fell and hit him on the head. He was taken for three stitches in his head and released to return to work.

My first question was - why were they moving a bookcase that wasn't empty? My second question was who will be receiving disciplinary action? (including the supervisor.)

The response was - "it was just an accident - they were in a hurry and careless."

About 99% of accidents are the result of not paying attention, being careless, being in a hurry, taking chances, shortcuts - or walking while texting.

"Multi-tasking" is the greatest myth of the 21st century. It is not possible to concentrate on more than one thing at a time. That is why it is called "concentrate."

It is difficult to protect people from their own stupidity - so instead we often hold accountable whoever owns what they use to hurt themselves.

I understand the system but I don't have to like it...;) In this case I would just think she would be too embarrassed to admit - "Hey see that really stupid woman? That's me! And my feelings are hurt."

[Cataholic]

Doesn't CA have a worke's compensation program? On Ohio, we would never address fault in that situation.

[Marigold2]

LOL What a stupid stupid women. Had I been there and seen it I would have giggled my head off. To dumb to walk. It really is funny.
She has no right to muddy go the legal system with her nonesense claim.

[Taz_Zoee]

Her leg went up WAAAAAY too quickly for it to have been an accident.

I see "SET UP" and a frivilous lawsuit on it's way. I hope the mall enters the video into evidence, which clearly proves it was staged, and the judge tosses it out.

I thought the same thing - that she did it on purpose. I went back and watched it again and you're right Donna. Her left leg went way up before she toppled into the fountain. Who walks like that? In fact, I'm thinking if she didn't raise her leg like that she wouldn't have flipped over into it. She would have just smacked her knees and stumbled forward off balance a little....not flipped.

Someone said she worked at this mall. Maybe the person that submitted the video to you tube was a friend of hers and an accomplice. He'd get a cut of her settlement money. Wow, I'm reading too far into this. LOL

[dab_20]

I've been in that position before. hahaha One time in high school I was walking to my mom's car while texting and there was a vertical pole sticking out in the air (I forget what, 'course I didn't see it either, :rolleyes:) and I ran right into it. Had a fat lip for days! I don't text while doing something that requires my attention anymore. lol

[kitten645]

I always say you can't idiotproof the world! :rolleyes: I saw a funny comment on another forum: How could they help? Hand her a towel. She got out of the fountain pretty quick so she wasn't hurt. If you act foolishly and get caught on tape, you have no one to blame but yourself.
I've seen people walk into walls, walk into on coming traffic, knock into elderly and baby strollers and jump off buses into people waiting to board all while texting. Seems everyone is becoming more and more oblivious to their surroundings and obsessed with their phones. Darwinism at work I think. The ones stupid enough to risk their own and others safety, get what they deserve!
I laughed and thought "well done"! Sounds like she's a con artist to boot!

[Edwina's Secretary]

Doesn't CA have a worke's compensation program? On Ohio, we would never address fault in that situation.

Of course there is a WC program here. Fault is not the issue as to who pays - the company pays. That's true in every state. But that does not mean the company cannot - and should not - take action with employees who do not work safely.

It is possible to make the case that an accident/injury at work does not arise out of and in the course of employment - but that is extremely difficult.

But I am a believer that there should be consequences for failing to follow safey rules. Just because the company has to pay doesn't mean there shouldn't be consequences for the employee. Accidents - for the most part - don't just happen and if the accident happens because the employee didn't follow the proscribed procedure/safety rules - it is no different than if there is a violation of any other workplace procedure/rule.

[Asiel]

Whatever the basis for her suit I really don't care. The point to me is if you can't be responsible for your own stupidity then stay home.

On the other hand I did watch the video again and I think it is a set up, I hadn't noticed the leg before...so here I am doubled over for the second time.

[pomtzu]

My-my-my!!! Just how did we ever make it this far in life before the world of a cell phone seemingly glued to your ear, or your little thumbs just zooming across the keys, composing that oh so important message that has to be sent (or answered) right away???

My long term memory is excellent - just let me think for a second. Oh yes - that's it!!! If we were at home, we picked up the telephone and called the person we needed to correspond with. And God forbid, if they didn't answer (before the era of the answering machine), well you just tried again later until you finally were able to speak with them. And of course there were those times when you weren't at home with a phone at your disposal, that you did need one. OMG - what to do now??? Ah yes - that good old pay phone and the phone booth, dotting street corners and numerous spots in the mall. You actually put money in the slots at the top of the phone, and magically you were given x-amount of minutes to talk, A long conversation??? - drop in more coins or get disconnected!

Yes - those were the good old days - and we actually survived to make it this far in life. How did we ever manage????????????:confused::rolleyes:

Sarcastic??? - yes of course - afterall - I'm quite good at that. True??? - you bet - and those facts can't be denied. I could count on one hand the number of times I have used text, and the times that I have - I've been in my own home and sitting down! I just DO NOT like it. And use my cell phone??? - well the only reason I have one to start with - is for use in an emergency when I'm not at home. I will not talk on it while driving either, so don't even call me and expect me to answer until I stop at my destination.

So while progress and technology is wonderful, it would be even more wonderful if people would use it more responsibly.

Okay - rant (of sorts) is now over and I am stepping down from the soap box! :p:D

So have a nice weekend all, and remember, text responsibly, or I may be viewing you on YouTube! :eek: The life (and dignity) you save, may be your own.............:p:D

[moosmom]

Okay, this girl stole her co-workers credit card and ran up $5,000 in purchases. I'd say her credibility is just about NILL!!!!!

[momcat]

I, for one, am tired of having to dodge these idiots texting while walking along a sidewalk, walking to my destination at the mall, and getting on a bus or train. I don't text at all and have no intention of starting. As for my cell phone when I'm out of the house it's off, it's with me only in case of emergency.

I have zero sympathy for this moron and hope she gets laughed out of court with this frivolous lawsuit.

Ellie, you're absolutely right about doing just fine before all this started then took over day to day life. Progress might have been alright once but now it's gone on for too long.