The texting fountain fall video that web viral on YouTube is now the subject of a possible lawsuit. Although the video is labeled girl falls into fountain, it turns out the person who took the spill into the fountain while texting is a 49 year old Berkshire Mall employee.The video was posted on YouTube, Facebook and TV stations around the world and has been viewed millions of times.
Thursday morning the woman identified as Cathy Cruz Marrero appeared on “Good Morning America” saying at first she thought it was funny but when the video went viral she got upset and is now considering taking legal action against the mall.
On the video you hear audio of laughter and a man’s voice saying, Then she gets up an awkwardly walks away. The video also shows a second angle.
The Reading Eagle.reports, "I saw the water coming at me, I could see the pennies and nickels at the bottom of the fountain and then I was in it," said Cathy, 49, a Reading resident who works in a store at the Wyomissing mall.
How it got onto YouTube is not exactly clear, but her attorney tells ABC he believes someone at security allowed someone to take video of it with their cell phone and it later appeared on YouTube and went viral.
Marrero says she is upset the video leaked out and that no one from the mall came to her assistance, she says she learned from her nephew, two days after the fall that she went viral on YouTube. When asked what she was doing while texting she says she was answering a friend's question about her and her husband’s birth dates.
Marrero tells ABC she called mall security the next day saying she did not want to be identified. The mall employee admits it was funny but says no one took her feelings into consideration. She also gave a warning to others about the dangers of texting while distracted.
Her attorney, James M. Polyak tells the Reading Eagle he plans to conduct an investigation into what happened. "We are troubled by the fact that anyone at the Berkshire Mall responsible for releasing this video would find humor in an employee injured on the premises," Polyak said. "We intend to hold the appropriate persons responsible. "No one from that security office came to her aid in a timely manner."
The Reading Eagle also reports, "The Reading woman who became an Internet sensation by falling into a fountain while sending a text on her cell phone was in Berks County Court on Thursday for a status hearing on theft-by-deception and related charges.Cathy A. Cruz Marrero, 49, was charged in October 2009 for using a co-worker's credit cards to make more than $5,000 in purchases at two local stores."
Her attorney says they are at the early stages of possible legal action and at the very least expect an apology from the mall. What do you think should does she have a lawsuit? and should she take legal action? If someone at mall security leaked the tape should they be punished? To read an update on the fountain mall fall texter debate and to see video of Marrero click here. Does the Reading Eagle report change the way you feel about this texting fountain fall?
Comments
She deserves an apology, not a huge settlement.
Correction, she deserves what she got. People like that waling around texting and not watching out for anyone else, let alone themselves, and something happens.
I'm still laughing.
I don't even think she deserves an apology. The incident was 100% her fault.
The lawsuit is about the security people leaking the tape she should sue sue sue
Public place, it doesn't matter. She's an idiot - no case.
What damages could she sue for? The mall owns the video, not her. She was not identified on the video. She has self identified by announcing she is going to sue someone, but nobody is responsible but herself.
She's stupid, stupid, stupid.
This was obvious even before she hit the water. Texting while you need to be watching where you are going is stupid.
Pointless lawsuit. It's just rewarding people for being stupid.
She was in a public place and had absolutely no expectation of privacy. She deserves nothing and if she sues, she should have to pay the mall's legal fees if and when they prevail. He assertion that, "no one came to my aid" is ridiculous. She was up and out of the water within 3 seconds. Should mall security have come lights blazing on their Segways? The woman did something stupid in a public place and now we all get to laugh at her stupidity.
Couldn't agree more with you. As the saying goes, "Can't fix stupid!"
Suck it up buttercup. There were witnesses that saw it with their own eyes. Wanna sue them too. You cant walk and text at the same time, now you want a big payoff? better start collecting those pennies and nickels from the fountain.
Are you all idiots? they had no right posting the video. I hope she takes them to the cleaners. and yes Christopher mall security should have taken the time to see if she was okay rather than mock her on the video, apparently you have no heart, just like them
She was obviously OK as she immediately got up and started walking away. She was all about the money to begin with or she would have never broken her cover of anonymity to seek out representation.
Also, if she'd said nothing, no one would know who it was anyway. Privacy? You can't even make out her face.
The Person who recorded the video obviously did it after the fact seeing as how there was a group of people gathered around the screen so they couldn't have helped her they were just showing their friends a funny video. The women is an idiot who should expect nothing and people like you shouldn't encourage her.
The soundtrack on the video is from the time when the video is being played back and someone is recording it to their phone. Would have had to be pretty fast to offer assistance as she was in the fountain and out again in about 5 seconds!
No way the guy should have been fired. Sharing something funny with others is a crime in America?
When did lack of common sense warrant litigation?
We need to take more responsibility for stupid these days!
Exactly Paddy! She should get an apology..nothing more.
Seriously do you not see that she was violated when the video was released, yes she may have been dumb for texting and walking but so were the idiots who exposed the tape and her embarrassment to the world, how would you feel?????
So if I am videotaping in a public place and something interesting happens I can not post that on Youtube just because someone may be embarrassed? Try that one in court. The mall was a public place where there is no expectation of privacy and a person does not have a right to not be embarrassed.
This women seems like an idiot but the Security Guard / Mall had no right to release the video unless they posted a warning that video taping was in progress and that the video might get loaded up onto youtube. If it was a Mall Patron using his own recording equipment I agree she has no case. Imagine if the person had a seizure, should the mall be allowed to post that footage as well.
I think she should thank her lucky stars that she's the only one who was hurt! She was crying about not receiving any aid, saying she could have been someone's grandmother. Well...she also could have run over someone's grandmother! What then? People need to put down the blasted cell phones and pay attention to what they are doing.
I am with you Donna, I hope she teaches the security people a lesson. As for whatever and Paddy she may have lacked common sense but I have to believe those in charge have to have common sense and where was theirs when they mocked her and spread it for the world to see. Did you even look at the video???
SHE WAS IN A PUBLIC PLACE! She had no expectation of privacy. If she were walking down the mall and trips and falls, someone gets it on video and posts it while they laugh does she have a civil case? She can not expect privacy when she was surrounded by hundreds of people. The fact that the video was posted only changes the scale of her exposure, not the fact that she was exposed. If she were in a bathroom stall and was videotaped that would be another issue.
what he said!!
No one even knew who she was until she came out in public... Why do we as a society insist that everyone else pay for our stupid mistakes... People like that have made much of what we use to enjoy sooo much less accessible -thanks to lawyers and insurance companies. She should have been paying attention... Suck it up!
They released the video, she is the one who came out to the news that it was her on the video. As for them not rushing to her Aid quickly enough, does that mean they went at all. Please. How many cameras do you suppose are in that mall? Did they even see it at the time it happened or later after they were told about the incident by the janitor who stopped to check on her. This is why America is losing its buisness'. It has become a land of the frivolous lawsuit which costs companies money and eventually leads to closure. People dont think about stuff like this when they file lawsuits. The corporation passes the payout onto consumers thereby raising prices. They lose buisness do to their prices being higher and eventually the store closes. Get over your humiliation lady, you caused it with your stupidity. If she wins this will be right up there with the mcdonalds coffee lawsuit (I didnt know the steaming cup had hot liquid in it).
I know Chris...it's disgusting how these lawsuits are filed..and money awarded to the 'stupids'!
The word security should make customers feel secure they should not be the brunts of jokes and worldwide humiliation. Legally she was in a public place yes Chris and Christopher, but it is up to the mall and those they employ to help customers feel secure, like you said maybe they did not see the video until afterwards, but they went too far in sending out the video. Another case of big brother is watching gone awry, have a little compassion people
Compassion is what has gotten this Country in to the MESS it is in right now! Time to OWN UP. Maybe she should sue the other 2 people in the video that were actually THERE with her. They didn't help her. She was so embarrassed she got up immediately and high-tailed it. I do agree that the security mall should not have allowed someone to copy the tape, however. But I don't think $ should be awarded!
Ed... The word security should make customers feel secure? Now how would it do that? Is it armed? Does it have a reassuring presence about it? Does it remind you of your father?
Give your head a shake boy. Both difficult and dishonest to make someone walking around without looking where they're going feel secure!
Christopher is right on the money and states it clearly and articulately. The law is the law. Good grief, if I had a dime for every time I made a bonehead move (in and out of the public eye), I would be rich. Also, I found it interesting that she was texting her and her husband's DOB to her friend. Really? And what, you think that your text is private and can't be picked up by hackers? I smell another Darwin Award here.
Come on people, you really think security was right to release the video? Michelle and Chris how would you feel if it was you??????
If it WAS me....I certainly wouldn't come forward and let everybody that knows me know what a BONEHEAD I was! Maybe she should sue the Cell Phone company? If they would have never provided her with that nasty ol' phone, this never would have happened! Pa-lease.
If it was me I'd feel mortified! Embarrassed! Stupid! Exactly how always feel after doing something stupid and embarrassing. And all the more so if it went viral.
Wouldn't start looking around to punish someone else or be paid for my stupidity though.
I have to agree with Chris there. Hopefully she will think twice before doing something that obviously requires her full attention. Maybe she will now think twice about texting when driving as well. Maybe this embarrassment is just what she needs. You learn from mistakes, she should laugh it off admit yeah, I was an idiot and not do it again.
Hell, imagine if she walked into someone heading onto an escalator! I hope they counter sue for legal fees.
Take some responsiblity for your stupidity. She stated security at the Mall should have protected her. Wow, how about not texting while walking dummy.
I just saw this video and have to admit I laughed but Tom and Michelle I disagree completely with you, I am with Lisa, the tape should not have been made public. You have it all wrong and Karmas can be tough
If she worked for me, I would have taken the time to assist her out of the fountain, help get her dried off and to the personnel office so she could be TERMINATED FOR TEXTING WHILE ON THE CLOCK....
Absolutely ridiculous. Do something stupid and get awarded - only in America.
Absolutely ridiculous. Do something stupid and get awarded - only in America.
No one even knew who this chick was until she showed up with a lawyer. Claiming humility at the hands of the security is BS.
Who says she was working and texting, she could have been off on a break who knows, you know what happens when you assume.
Just like the security workers assumed they could mock her and send it out for the world to see. She may not have legal grounds but i bet the man who is on that tape will be in trouble and he deserves it. SHAME ON THOSE WHO HAVE NO COMPASSION
Come on Danielle!! Someone did ask if she was ok and she said she was fine. What kind of compassion is it that we are lacking?
Come on Danielle!! Someone did ask if she was ok and she said she was fine. What kind of compassion is it that we are lacking?
Mall security is not there to prevent insecurities brought about by a person's own misdeeds. Can the Mann employees be fired for this? I'm sure they violated company policy and will be fired but it is not actionable by the woman.
John, the compassion should have come after the fact they should not have released the tape and yes I agree Christopher they probably violated mall policy, I am glad she is taking action
Again...Nobody knew who she was until she spoke up. It's her own fault.
Her nephew apparently knew because he called her to tell her she went viral, so who else knew John ???? Why the need to mock her and make it public?????
OK, so instead of maybe 50 people she knows actually recognizing her, waiting a week til it blows over, she volunteers herself to the news media and gets blasted all over the airwaves in front of millions? Oh, yeah. That' makes real sense.
Maybe she told her nephew what happened, he saw the video and new at once it was her...
This thing is Her fault and no one else's. She was in a public place which makes anything that goes on there fair game. The irony is that this video will probably (at least in the short term), more accidents happening to people while they are texting...
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