Woman falls into fountain at a mall

[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.

[kitten645]

I always say you can't idiotproof the world! 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!

[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????????????

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!

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

[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.