Social Question

Tuesdays_Child's avatar

Should this woman be able to sue?

Asked by Tuesdays_Child (1711points) January 21st, 2011

She was walking through the mall while either reading or answering a text message and not looking where she was going. Subsequently, she fell into a fountain and hustled herself out of there while looking around to see if anyone was watching. She is now contemplating suing the mall because their security didn’t come to her assistance.
Do you think that she has grounds for a lawsuit?

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40 Answers

JustJessica's avatar

I’m not sure if she has grounds for a lawsuit, but I think if someone uses an image of you whether you can see your face or not, they must have your permission.

963chris's avatar

No. She’s just a dumbass. Thankfully she wasn’ driving a car!

Adirondackwannabe's avatar

I’d throw her ass out of court in a second. The dumbass.
GA @963chris

ANef_is_Enuf's avatar

She wants to sue because the security guards were filming and laughing at her when she fell, rather than checking to see if she was okay. Then they put the video on the internet.

tedd's avatar

There’s not a judge in this country who wouldn’t throw that case out.

poisonedantidote's avatar

If security had come to her assistance she could still sue for some other reason. As things are, she can sue, anyone can sue anyone for any reason, if they win or not is a seperate thing. I doubt she would win, in my book she has no case.

963chris's avatar

Perhaps she should sue her parents for making her + rearing her to be a dumbass! I keed, I keed (but it is funny).

Summum's avatar

She is trying to sue based on them putting the scene on the internet for all to view. Some of the people she worked with recognized her and made comments. I think she will win the law suit because they did not have the right to publicize this.

YoBob's avatar

I thought she was suing because the security video was posted to YouTube.

Tuesdays_Child's avatar

@JustJessica-I think you’re right about the use of someones image, but wouldn’t that mean that almost everyone on you tube has a case?
@963chris & @Adirondackwannabe-I agree with the DA status, she should watch where she is walking…STOP to read or text!
@Summum- she is the one who made her face recognizable by going onto television, but you are probably correct.
@tedd-remeber the McDonals coffee lady!
@poisonedantidote-she is already in trouble for some unrelated charges, maybe she needs the lawsuit money to help pay for that! LOL
@YoBob- I think she is considering all possible angles to sue from!
@TheOnlyNeffie-they said the sexurity guards were rolling laughing, apparently one SG has been fired already

chyna's avatar

Next she’ll want to sue the phone company for making her text message.

misstrikcy's avatar

It’s a sorry state when you are sueing just because you’re prides been dented a little…
Ok so they publicised it… is it really that big a deal? Clearly to her..
But sueing is just going to turn it into something bigger than it really is.
I hope she chills out for a few weeks and eventually sees the funny in it…

We’ve all made twats of ourselves at some point… we cringe, laugh, get over it!

Tuesdays_Child's avatar

@chyna LOL! :~)
@misstrikcy- you are so right!

963chris's avatar

Yeah. It would be too easy to set up the situation as well. If this won in court, there’d be hell for the legal system with every 2-bit scammer pulling a stunt like this!

Tuesdays_Child's avatar

@963chris-that is part of the reason our legal system is such a mess already.

OpryLeigh's avatar

How likely was it that security saw her fall into the fountain?

She wasn’t looking where she was going so I don’t think she should be able to sue at all. Why can’t people take responsibility for their own clusy actions anymore?

Thanks for the funny story though. Gave me a good chuckle!

AmWiser's avatar

I too think it would be a shame if she sued and won. I know her pride was bruised but she did it to herself. She would probably make more money if she used the situation to teach others the pitfalls of texting while walking and not paying attention.

Tuesdays_Child's avatar

@Leanne1986-go to you tube and look at the video, it’s hilarious!

ANef_is_Enuf's avatar

@Leanne1986 security was videotaping her and making fun of her as she fell. They actually viewed it from several angles, and then put it online. That’s why she knows.

I’m not saying that she should win a lawsuit over it. That is just a detail being left out.

963chris's avatar

In due time we will all be able to sue for falling in the virtual-verse! Oops, my sim fell into yo mama’s fountain.

Tuesdays_Child's avatar

@TheOnlyNeffie- there were several people who videoed it, I have seen two different angles besides the security video.

Summum's avatar

I don’t agree with her suing over this situation but if you look at the silly things that get to court it is outrageous and should be stopped but I think she will probably will win the case. If you saw the one I saw the security guards were laughing big time and then they put it on the internet.

Seaofclouds's avatar

She can sue because anyone can sue for just about anything. Whether she’ll win or not depends on the laws in her state regarding posting videos/images of people without their consent and if she gets a judge that wants to set a precedent about it.

coffeenut's avatar

Lol…that’s great

OpryLeigh's avatar

Just watched it on Youtube. Fecking hilarious!! That answers my first question though, they obviously saw her!!!!! My answer stilll stands though, she shouldn’t win a lawsuit for this, if she’d been looking where she was going in the first place she wouldn’t have given anyone anything to laugh about. She would look much better in the eyes of the world if she just admitted to being a dullard!

Summum's avatar

Well honestly look at the attention she has brought to it by making a big issue of it. I would hope the court would take that into consideration.

AmWiser's avatar

@Leanne1986 LOL! Dullard! :D

Adirondackwannabe's avatar

@AmWiser I liked that term as well GA Leanne.

OpryLeigh's avatar

@AmWiser God bless localised insults! I only ever here “Dullard” in my part of the world (south west England)

Adirondackwannabe's avatar

@Leanne1986 I think I first saw it in a Dickens story.

xjustxxclaudiax's avatar

If they didn’t want to get sued in the first place, they shouldn’t posted it on youtube…Not only that but who was watching the other monitors while they were busy laughing at some girls stupidity? Sounds like they’re not taking their job seriously..

Austinlad's avatar

Pure extortion! How can the Mall be held liable for a shopper not looking where she’s walking? !

sinscriven's avatar

If she was suing because of damage to her ego, then she’s never heard of the Streisand effect.

Now the entire planet will know she’s not only an idiot, but a greedy one at that.

Summum's avatar

She is not suing for falling she is suing because they posted her image on the internet without her permission.

Tropical_Willie's avatar

She is a convicted thief and has to make restitution for $5000 of stolen cards charges.


She in it for the money to pay for her previous transgressions.

sinscriven's avatar

@Summum : She won’t have much of a case then. In the US you do not need someone’s permission to photograph them if there is no reasonable expectation of privacy. Since this takes place in a public location, she is fair game.

In an article I read she was also suing because the security guards there failed to help her out of the water; but frankly that’s not their job.

Seaofclouds's avatar

@sinscriven The mall had the right to be video taping her as part of their security, but I can see it becoming an issue when they put it up on youtube. I’m not sure what the exact laws are in all states, but with the number of things that get put up on the internet these days, all it would take is her getting a lawyer/judge that wants to limit the freedom to put up videos/images of other people without their permission for it to become something more than it is.

faye's avatar

Man, it was so obviously stupid!!! I would be embarrassed. I would think it worth the job of whoever put it on youtube, though.

Mikewlf337's avatar

The Security Gaurds at the mall should be fired for this. I hate mall security because of personal experience. They think they are the law there and try to abuse it. Just a bunch of law enforcement rejects who couldnt make it as actual police officers so they take it out on the people shopping in the mall. That said, The woman deserved to be embarrassed. She should have kept her nose out of her phone when walking. Can’t it wait. Are text messages that urgent that you must have your face in a cell phone 24 hours a day. If the woman bumped into me she would have been even more embarrassed. I would have cussed the shit out of her for it. People like her are insufferable. Sit down before you use your precious phone. Stop acting like idiots and put it down because you are not paying attention to anything or anyone around you! No she shouldn’t win the case because she was being an idiot.

Jeffinohio's avatar

What happened to personal responsibility in this country? When something happens to us we all automatically look to sue someone, for our own incompetence. My thoughts are, you need to take a deep breath, accept you had a stupid moment, laugh with others over your dumbass manuever, and move along. By sueing the mall, or the security company, you will make it worse for the rest of us. The mall, in order to recoup some of there losses may cause retailers to jack up there prices due to increased rent of that spot, or worse yet, have security throw you out of the mall for walking and texting, not against the law, but it is their property, so they can do as they please, but it will affect more than just you. So please, if your thoughts are to sue, you may want to go see a therapist instead in order to deal with your inability to cope with your own stupidity, and/or find another mall to go to, or, learn to pay attention to your surroundings. As for mall security, it’s nice to know that they are at least paying attention to what’s happening in the mall rather than sitting in the food court sucking up freebies.

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