Woman sues mall after falling in fountain while texting; video inside

[CptStern]

http://www.youtube.com/watch?v=OWtDpGM36J8

We've all been warned about the dangers of texting and driving, but for one woman, it turned out that texting while walking wasn’t a good idea.

Cathy Cruz Marrero was doing just that in the Berkshire Mall in Reading, Pa. when she suddenly tumbled headfirst into a water fountain, getting completely drenched.

It was caught by the mall's surveillance video system, then posted on YouTube, where it's been viewed almost 2 million times.

Cruz Marrero, 49, who works in the mall, has hired an attorney.

But Cruz Marrero says what does hurt is "the humiliation (from the video having been put online). The humiliation. Ask my husband: I cried for days. … You don't know how many people are laughing at me."

Texting while walking, Cruz says, is "dangerous. … I could have been walking into a bus, a car, a ditch, anything. Texting and walking, take it from me, is dangerous. It really is."

too bad it wasnt a cliff

http://www.cbsnews.com/stories/2011/01/20/earlyshow/main7265096.shtml

 

[No Limit]

I saw the video yesterday and thought it was funny. Now I think this women is an idiot. Who is she suing? If she didn't come out and make statements I don't think anyone would even know who she was.

 

[CptStern]

she's suing the mall for being big meanies by posting her video on youtube. also because she waas crying. someone's gotta pay for her stupidity

 

[Ren.182]

I lol'd when I first saw the video. But the woman is an idiot indeed. It's not like she did walk in front or a car/bus/ditch/bullet and got hurt. All she did was get a little bit wet. If that was me I would be laughing at my own stupidity and facepalming myself for a little while.

How can you not see you're about to walk into a fountain when you're texting?

 

[CyberPitz]

Only in America.

 

[CptStern]

I like this comment I found on the interwebs:

I hope she wins and is awarded all of the money in the fountain.

 

[Ravioli]

Doesnt she realize that by suing and whatnot that MORE people will hear about it and even MORE people will watch her fail? Shes just dragging more and more attention to her, and now we even know her real name. If she just stayed quiet and anonymous all would be well.

Stupid stupid woman.

 

[kazsymonds]

She's suing because they posted it on the internet.

Imagine you sawed your arm off and someone put it on Youtube, probably wouldn't be so funny then.

Sure, she's pretty silly, but there was a time when you tripped up in the street, or did something a bit silly and you didn't have the entire world laughing at you, just the few that saw it. Her employer is using a video of her doing something embarrassing to ridicule her.

Of all the 'only in America' type things that have been posted, this is one of the only ones where I can actually see some wrong-doing.

Let the flames commence.

 

[Krynn72]

Please, she probably wants the attention. No halfways rational person would put their name out to be attached to a video like this while saying its because she doesn't want people to know its her.

@ Kazsy, her employer wasn't doing anything to ridicule her. They probably didn't even know who it was. You think everyone should have to give permission before an embarrassing video of them taken in a public places or private property that they don't own? What about that burglar who broke into that mini market by crashing through the roof? You think the owners should have to get permission first?

I mean, its not even that bad. At least she doesn't have a Susan Boil on her ass.


http://www.youtube.com/watch?v=_quStvTNynI

 

[Emporius]

@Kazsymonds I agree with you. As a shopper her stance would be a bit less strong, but as an employee she has all the right to sue them.

 

[kazsymonds]

...@ Kazsy, her employer wasn't doing anything to ridicule her. They probably didn't even know who it was. You think everyone should have to give permission before an embarrassing video of them taken in a public places or private property that they don't own? What about that burglar who broke into that mini market by crashing through the roof? You think the owners should have to get permission first?

I mean, its not even that bad. At least she doesn't have a Susan Boil on her ass...

CCTV is supposed to be used to protect people, not as some kind of source of candid camera clips. She doesn't have a choice as to whether she is filmed or not, how is it fair to release footage of someone that has done something embarrassing under the guise of trying to protect them / the store owners.

How is that fair, and how does she deserve it?

What controls are there in place over the footage at this mall? Are stores just allowed to release any old footage they want for the lulz? Because I didn't think that was the point of CCTV...

Sure, she's a dolt for texting whilst walking around, but who hasn't done something embarrassing / stupid. It isn't funny to be seen doing it even by passers by, let alone have all of the internet ridicule her.

Irresponsible, and at the very least, bad form by the mall.

There is an ethical issue with allowing this footage to be released, whether the woman is stupid or not.

 

[Unfocused]

Doesnt she realize that by suing and whatnot that MORE people will hear about it and even MORE people will watch her fail? Shes just dragging more and more attention to her, and now we even know her real name. If she just stayed quiet and anonymous all would be well.

Stupid stupid woman.

This.

Charge her with trial costs and don't give her shit.

 

[CptStern]

She's suing because they posted it on the internet.

Imagine you sawed your arm off and someone put it on Youtube, probably wouldn't be so funny then.

Sure, she's pretty silly, but there was a time when you tripped up in the street, or did something a bit silly and you didn't have the entire world laughing at you, just the few that saw it. Her employer is using a video of her doing something embarrassing to ridicule her.

you are speculating. she works at the mall that much is true but she doesnt work for mall security. she probably works at a store meaning the mall is not her employer. since the camera is in a public area she has absolutely no expectations of privacy. she has no case

Of all the 'only in America' type things that have been posted, this is one of the only ones where I can actually see some wrong-doing.

Let the flames commence.

her only chance at having a case would be if she worked for the security company and the video was used as harrassment by her fellow employees. she has no case

 

[kazsymonds]

you are speculating. she works at the mall that much is true but she doesnt work for mall security. she probably works at a store meaning the mall is not her employer. since the camera is in a public area she has absolutely no expectations of privacy. she has no case



her only chance at having a case would be if she worked for the security company and the video was used as harrassment by her fellow employees. she has no case

I don't care who she works for, or if she has a case.

CCTV footage is recorded for the purpose of protecting the people in the mall, or the owners of the mall.

If there was a sign up saying "if you do something a bit daft we will use the CCTV footage to ridicule you, lols" then maybe it would be ok, and people would think twice about entering those areas.

CCTV should be covered by a law similar to the data protection act IMO. The footage was supposedly recorded to protect the very people that it is being used to ridicule. How are CCTV operators allowed to do anything they like with the footage? The only people that need to see that footage are the CCTV operators or the police.

Whether she has a case or not, I see this as an ethical wrong. If that makes me a dumbass, then a dumbass I am.

 

[Krynn72]

If this is an argument over it being 'bad form' then I don't disagree. But bad form doesn't really enable a lawsuit.

 

[No Limit]

I don't care who she works for, or if she has a case.

CCTV footage is recorded for the purpose of protecting the people in the mall, or the owners of the mall.

If there was a sign up saying "if you do something a bit daft we will use the CCTV footage to ridicule you, lols" then maybe it would be ok, and people would think twice about entering those areas.

CCTV should be covered by a law similar to the data protection act IMO. The footage was supposedly recorded to protect the very people that it is being used to ridicule. How are CCTV operators allowed to do anything they like with the footage? The only people that need to see that footage are the CCTV operators or the police.

Whether she has a case or not, I see this as an ethical wrong. If that makes me a dumbass, then a dumbass I am.

If I set up CCTV on my own personal property you probably shouldn't be making assumptions on what the purpose of it is. As far as I know private companies are under no obligation to disclose what the purpose of their CCTV system is and they are free to do what they wish with the footage.

Therefore a lawsuit is stupid, clearly she is trying to cash in on her 15 minutes of fame. But you do have a point, if people see private companies releasing this footage as they see fit maybe they should think twice about being so open to CCTV. But as we know that clearly won't ever happen.

 

[kazsymonds]

If this is an argument over it being 'bad form' then I don't disagree. But bad form doesn't really enable a lawsuit.

Everyone is all 'lol dumb bitch'. To be honest, if it were me, I would probably try to take some kind of action, legal or otherwise. How is this fair or funny? I can understand how she feels humiliated, and I can totally understand her response of wanting to sue.

I don't know anything about American law, so maybe bad form is the extent of it. I just feel that CCTV footage should be held under some kind of law where it cannot be released other than for the purpose which it was stated to be recorded for. Nobody has the right to be viewing that other than people carrying out a criminal investigation or those charged with capturing /monitoring it. How can operatives at the security company / mall be allowed to just release the footage?!

Also, I have made many mistakes in my life, a good few of them very embarrassing (I once walked into some scaffolding on the pavement that had massive signs on it saying "caution, scaffolding"). I will hold my hand up and say that rather than finding this funny I see it as some kind of puerile school yard joke, I feel empathy for this woman. Whether her actions are stupid or not she probably doesn't deserve to be ridiculed by the entire internet for it.

 

[Krynn72]

She wasn't being ridiculed by the entire internet for it because no one knew who "she" was.

Should the guy in the red dinosaur mascot suit sue the league because everyone made fun of him for slipping, despite nobody having any idea of who he is?

http://www.youtube.com/watch?v=pOiu6QM03rw

 

[EversorAssassin]

Classic. I thought I recognized that fountain, I go to that mall weekly; I live about ten minutes away.

 

[Krynn72]

You should fall into the pool while texting and then sue the mall.

EDIT: Actually, you should get like 20 people together and then pretend you're all texting at once and all of you fall in. Would be awesome to see that video.


EDIT2: Wait, wtf. This wasn't even the security footage that was released. It was someone's cellphone recording of the tv's playback of the security footage. That makes it even less of the Mall's fault.

 

[Solaris]

"Imagine if you sawed off your arm..."

Analogy of the year.

 

[kazsymonds]

If I set up CCTV on my own personal property you probably shouldn't be making assumptions on what the purpose of it is. As far as I know private companies are under no obligation to disclose what the purpose of their CCTV system is and they are free to do what they wish with the footage...

See, I don't have all the answers here, I just know in my heart that this is very wrong.

If you put up CCTV on your property then surely there is only one purpose, to protect that property. If you put it up to catch someone falling into a fountain whilst texting, you'd probably be waiting a while for anything like that to happen.

Do malls really have no responsibility to their patrons in this respect? Do companies really have no responsibility to their employees? (if she did work there). If this was your security company, would you be happy that your security man was just releasing footage willy nilly?

Maybe serious Kaz is too serious, maybe she doesn't have a case, but I just don't find this funny, and can understand her being butthurt.

 

[CptStern]

I don't care who she works for, or if she has a case.

CCTV footage is recorded for the purpose of protecting the people in the mall, or the owners of the mall.

If there was a sign up saying "if you do something a bit daft we will use the CCTV footage to ridicule you, lols" then maybe it would be ok, and people would think twice about entering those areas.

CCTV should be covered by a law similar to the data protection act IMO. The footage was supposedly recorded to protect the very people that it is being used to ridicule. How are CCTV operators allowed to do anything they like with the footage? The only people that need to see that footage are the CCTV operators or the police.

Whether she has a case or not, I see this as an ethical wrong. If that makes me a dumbass, then a dumbass I am.

the person who posted it on youtube, assuming they work for the security company would probably be reprimanded for posting it however I dont think it was ethically wrong to post it. if you were to apply that to this case you'd have to pretty much apply it to every case. america's funniest videos would literally be elbow deep in litigation

 

[Top Secret]

This is not so cut and dry for me. Everyone is so quick to rush against her defense, but she was humiliated simply for the entertainment of others (and not to her will.) Was she being a bit careless? Certainly. But who hasn't been? Have none of you ever stumbled, tripped, or had some other similar event happen? I ran into a stop sign on my bicycle once. Purely my fault. A friend yelled hello to me from across the street, I turned my head while hitting a stop sign head on. (Kind of a freak accident, my bike stopped instantly, the front tire hit the metal pole DEAD center. I went over the handlebars and collided with the sign.) The issue here is a video of her fellow employees laughing at her, with two million views. I doubt anyone here has experienced that. There is OBVIOUS mental duress in these kinds of situations. What about the Star Wars kid? Being made fun of by millions of people has a way of ruining your life.

If one of you had diarrhea, and accidentally pooped yourself at work, would you like it if the people you work with on a daily basis posted a video of it on the internet. "Lol, look at this idiot!"

No, just another human being acting human. Bunch of assholes.

the person who posted it on youtube, assuming they work for the security company would probably be reprimanded for posting it however I dont think it was ethically wrong to post it. if you were to apply that to this case you'd have to pretty much apply it to every case. america's funniest videos would literally be elbow deep in litigation

Entirely different. AFHV isn't filled with clips of employees making fun of others misfortune. People who are humiliated by a video aren't going to submit it to a TV program for everyone else to see.

 

[kazsymonds]

She wasn't being ridiculed by the entire internet for it because no one knew who "she" was.

Should the guy in the red dinosaur mascot suit sue the league because everyone made fun of him for slipping, despite nobody having any idea of who he is?

The guy dresses up as a big red dinosaur and is paid to entertain and be filmed entertaining. What happens is a spectacle, but no doubt part and parcel of being an entertainer.

Releasing footage of a woman going about her business and having an accident is just different imo, and is a complete abuse of power.

 

[CptStern]

This is not so cut and dry for me. Everyone is so quick to rush against her defense, but she was humiliated simply for the entertainment of others (and not to her will.) Was she being a bit careless? Certainly. But who hasn't been? Have none of you ever stumbled, tripped, or had some other similar event happen? I ran into a stop sign on my bicycle once. Purely my fault. A friend yelled hello to me from across the street, I turned my head while hitting a stop sign head on. (Kind of a freak accident, my bike stopped instantly, the front tire hit the metal pole DEAD center. I went over the handlebars and collided with the sign.) The issue here is a video of her fellow employees laughing at her, with two million views. I doubt anyone here has experienced that. There is OBVIOUS mental duress in these kinds of situations. What about the Star Wars kid? Being made fun of by millions of people has a way of ruining your life.

sure however the fat kid put himself in that situation; it's his fault and he has zero control over how his image will be used; the video wasnt copyrighted

If one of you had diarrhea, and accidentally pooped yourself at work, would you like it if the people you work with on a daily basis posted a video of it on the internet. "Lol, look at this idiot!"

not the same thing. that would be a hostile work enviroment and grounds for a lawsuit. she had zero expectation of privacy in a public setting. posting that video might be against the security company's code of conduct however I dont think she has a case here

No, just another human being acting human. Bunch of assholes.

come on you're missing the point; she fell into a fountain while texting. the story isnt whether she was hurt but rather that she fell in to a fountain because she was too busy texting

Releasing footage of a woman going about her business and having an accident is just different imo, and is a complete abuse of power.

I think you are mistaking this for the type of security cameras in the UK. this is a private company not the police or government. there are no policies set in stone

 

[Top Secret]

sure however the fat kid put himself in that situation; it's his fault and he has zero control over how his image will be used; the video wasnt copyrighted

Yet the families of the kids at high-school who made fun of him paid money for it.

not the same thing. that would be a hostile work enviroment and grounds for a lawsuit. she had zero expectation of privacy in a public setting. posting that video might be against the security company's code of conduct however I dont think she has a case here

It IS the same. She worked at the mall. If she crapped her pants in front of the fountain, and they put it on youtube, how would it be different?

come on you're missing the point; she fell into a fountain while texting. the story isnt whether she was hurt but rather that she fell in to a fountain because she was too busy texting

No Stern, the point is a group of people thought sacrificing someone's dignity and mental health would be worth a chuckle. They are wrong.

You're trying to blow this out of proportion in the other direction. It's not as if she tripped into the fountain and is trying to sue the mall for putting a fountain there. She wants compensation for the humiliation she endured from a group of people who obviously don't give a shit about their jobs.

 

[CptStern]

Yet the families of the kids at high-school who made fun of him paid money for it.

because of harassment at school and they settled out of court

It IS the same. She worked at the mall. If she crapped her pants in front of the fountain, and they put it on youtube, how would it be different?

she she worked at the mall not necessarily for the mall

No Stern, the point is a group of people thought sacrificing someone's dignity and mental health would be worth a chuckle. They are wrong.

welcome to the internet.

and that's pretty much the concept behind america's most funniest videos. except they have standards to abisde by or risk losing their license. the mall has no such stipulation

 

[Top Secret]

because of harassment at school and they settled out of court

Yes. People mocking her does not qualify as harassment?

she she worked at the mall not necessarily for the mall

The security at the mall is there for the protection of all the businesses in the mall. At the mall, in the mall, with the mall, for the mall, however you want to state it. It is part of the contracts for renting space in a mall - it comes with security for you employees.

welcome to the internet.

Let's actually try and debate here, shall we?

and that's pretty much the concept behind america's most funniest videos. except they have standards to abisde by or risk losing their license. the mall has no such stipulation

I already addressed this. Please pay attention. People electing to submit a video despite any feelings they may have about it is entirely different than people who you work with doing the same.

 

[kazsymonds]

...I think you are mistaking this for the type of security cameras in the UK. this is a private company not the police or government. there are no policies set in stone

I'm not mistaking anything for anything else. I'm aware that this was in America.

I already stated, I don't know the legal implications of this in America, but that CCTV footage should be private and covered by a law similar to the data protection act.

Just because something may not be illegal, or may not give rise to damages through a civil case, doesn't make it morally or ethically right.

 

[Top Secret]

*Edit*

You know, I had a customer slip and fall at my work 6 months ago. He slipped on baby vomit. You know what I did? I got to him as quickly as I could, offered to call a doctor, and asked him to fill out an incident report at the restaurant I work at. I didn't wait twenty minutes before seeing if he was ok, and then submit the security video on YouTube "Lol luk at dis idiot falling"

 

[bam23]

Texting while walking, Cruz says, is "dangerous. … I could have been walking into a bus, a car, a ditch, anything. Texting and walking, take it from me, is dangerous. It really is."

yep. she could be walking into a bus or something.

in the mall.

be thankful it wasn't my FIST IN HER ASS.

 

[CptStern]

I'm not mistaking anything for anything else. I'm aware that this was in America.

I already stated, I don't know the legal implications of this in America, but that CCTV footage should be private and covered by a law similar to the data protection act.

Just because something may not be illegal, or may not give rise to damages through a civil case, doesn't make it morally or ethically right.

sueing the mall isnt ethically right yet you're glossing over that. the mall had nothing to do with her accident

You know, I had a customer slip and fall at my work 6 months ago. He slipped on baby vomit. You know what I did? I got to him as quickly as I could, offered to call a doctor, and asked him to fill out an incident report at the restaurant I work at. I didn't wait twenty minutes before seeing if he was ok, and then submit the security video on YouTube "Lol luk at dis idiot falling"

had the person been texting and then tripped over a baby that might be news worthy. as it stands it was an accident that was no fault of the customer unlike the fountain diver

 

[Krynn72]

*Edit*

You know, I had a customer slip and fall at my work 6 months ago. He slipped on baby vomit. You know what I did? I got to him as quickly as I could, offered to call a doctor, and asked him to fill out an incident report at the restaurant I work at. I didn't wait twenty minutes before seeing if he was ok, and then submit the security video on YouTube "Lol luk at dis idiot falling"

Are you implying that they didn't check to see if she was ok? Because in the video you clearly hear them say that some guy named Pedro asks if shes ok.


EDIT: LOL I find it hilarious that Good Morning America replays the video several times while interviewing her, complete with the people cackling. Watch the video at this link. Also shes a felon.

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

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.

Marrero, 49, was charged in October 2009 for allegedly using a coworker's credit cards to make more than $5,000 in purchases at a Target and a Zales jewelry store -- $1,055 of those purchases were dismissed from the case in previous hearings.

 

[Top Secret]

sueing the mall isnt ethically right yet you're glossing over that. the mall had nothing to do with her accident

Hiring incompetent security hardly removes the mall from innocence.

had the person been texting and then tripped over a baby that might be news worthy. as it stands it was an accident that was no fault of the customer unlike the fountain diver

You're still completely missing the issue here. The lady was dumb, and obviously it was her fault. But that is unrelated to the actions of the mall's security staff.

Are you implying that they didn't check to see if she was ok? Because in the video you clearly hear them say that some guy named Pedro asks if shes ok.

20 minutes after it happened. According to the link provided by Stern.

 

[CptStern]

Yes. People mocking her does not qualify as harassment?

even if it were her fellow employees it's not the fault of her company

The security at the mall is there for the protection of all the businesses in the mall. At the mall, in the mall, with the mall, for the mall, however you want to state it. It is part of the contracts for renting space in a mall - it comes with security for you employees.

I'm sure their contract doesnt extend to keeping people from falling into fountains because of their own stupidity. like it said it probably violated their employee code of conduct to post that video but the security company/mall is not at fault here

Let's actually try and debate here, shall we?

my point is that there's a hell of lot worse on the interwebs. getting upset because people are laughing at someone for doing something stupid is ridiculous. as far as 99% of the people seeing the video she's completely anonymous

I already addressed this. Please pay attention. People electing to submit a video despite any feelings they may have about it is entirely different than people who you work with doing the same.

you're speculating that she worked for the security company or the mall. she could work for any of the stores

 

[Krynn72]

20 minutes after it happened. According to the link provided by Stern.

No, the guy at the store she went to afterwards checked if she was ok. Besides, I doubt the security people were watching that particular monitor when it happened. They might have only heard about it after it was reported by someone, and then responded.

 

[CptStern]

Hiring incompetent security hardly removes the mall from innocence.

? the mall isnt responsible for the employees going against their rules, if it even is a rule

You're still completely missing the issue here. The lady was dumb, and obviously it was her fault. But that is unrelated to the actions of the mall's security staff.

so bitch at the person who posted the video. she still has no case as she doesnt work for them. at most the person posting could be reprimanded for posting the video however the person might not get anything at all

20 minutes after it happened. According to the link provided by Stern.

tbh it would probably take me that long to stop laughing

you guys make it sound as if she plunged off a cliff to her death. she was embarrassed that's all

 

[kazsymonds]

sueing the mall isnt ethically right yet you're glossing over that. the mall had nothing to do with her accident...

How can suing be ethically or morally wrong or right? She claims she has suffered damages and is seeking an equitable remedy. She wishes to come to equity, how can that be right or wrong? Denying her the right to bring a law suit would be morally or ethically wrong.

She has obviously identified the party that is responsible for capturing and monitoring the CCTV and is suing them. If she is deemed to not have suffered damages then she won't win anything will she?

I'm not saying that she has a case, or will get anywhere with the legal aspect of this. There should be laws against this sort of thing, peoples actions shouldn't be allowed to be released into the public domain. I think I get it now - I see this as a form of bullying, and bullying of your customer / customer of your customer / employee no less.

 

[Top Secret]

even if it were her fellow employees it's not the fault of her company

You're joking, right? Companies get sued all the time for the actions of their employees.

I'm sure their contract doesnt extend to keeping people from falling into fountains because of their own stupidity.

You are repeatedly side-stepping the issue and you know it. The issue was security's lack of interest in her well being, both at the time of her "accident" and afterward.

like it said it probably violated their employee code of conduct to post that video but the security company/mall is not at fault here

The security was absolutely negligent.

my point is that there's a hell of lot worse on the interwebs. getting upset because people are laughing at someone for doing something stupid is ridiculous. as far as 99% of the people seeing the video she's completely anonymous

Your point is completely superfluous.

you're speculating that she worked for the security company or the mall. she could work for any of the stores

I was not implying that she worked on the security staff. I would assume she worked at a store. You're trying to make a point here when there isn't one to make. Who are the mall security meant to protect? Mall employees? One of the two janitors that clean the floors? Please. They are their to assist and protect employees who work at any one of the numerous businesses that rent space from said mall.