Girl falls into fountain while texting

Tom S. · 01-20-2011, 09:46 AM

Originally posted by mikemike

How else would she recover the damages for the broken cell phone and her ruined shoes not to mention the millions of dollars worth of pain and suffering caused by this video hitting you tube making her the laughing stock of the world.

She has to sue the mall for putting the fountain there, the city for the water in the fountain which killed her phone, the friend she was texting, and the store which had the great sale that she was texting her friend about.

Sue everyone!!!

Amazingly, the phone wasn't harmed. It was stolen the next day though from where she works. Probably the mall security trying to destroy evidence.

JeffJS · 01-20-2011, 12:47 PM

Originally posted by Sparkle

She will win in the USA, but should be found partially negligent. The pool is a danger to everyone, kids, people who lose their balance, who trip when their attention is diverted etc. It should be fenced or raised or removed. That is the reality. The real shame is the exorbitant amount of money that is awarded by US courts even if only partially liable. In Canada she might get nothing, in Small Claims Court, if her phone was insured, which it normally is, against such water damage, and no other losses or injuries are strictly proved. Proved damages are all that are awarded.

No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity.

Tom S. · 01-20-2011, 03:29 PM

Originally posted by JeffJS

No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity.

It will never get to court. The Mall's insurance will decide to offer an amount less than what it would cost them to go to trial, and she'll take it. They are called nuisance suits.

Parallax · 01-20-2011, 03:48 PM

Originally posted by JeffJS

No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity.

Originally posted by Tom S.

It will never get to court. The Mall's insurance will decide to offer an amount less than what it would cost them to go to trial, and she'll take it. They are called nuisance suits.

Tom is probably right about the settlement.
Jeff, you are right that the courts don't always reward stupidity, but if tom is wrong and it does go to court, I'll play the odds and bet on her winning.

JeffJS · 01-20-2011, 04:22 PM

Originally posted by Parallax

Tom is probably right about the settlement.
Jeff, you are right that the courts don't always reward stupidity, but if tom is wrong and it does go to court, I'll play the odds and bet on her winning.

I'll take that bet, Jim. Her cause, if you will, is that the entire world with youtube access, news network access, social networking access, etc, is laughing their ass off at her. I Still laugh every time I see it. It isn't as if she was in her own private space doing something stupid. I'll say it again, if she hadn't said anything no-one would have ever known who she was, not from looking at That video anyway. Until she came forward, I though it was some idiot tween and all I could see is natural selection at work. I'll let the lawyers fight it out I guess but to get damages from someone, you still have to show damage. No identity = no damage. I'm saying it goes nowhere, even with a mall's insurance company. Other than her pride, it doesn't look like she was injured. Certainly not from anyone's fault but her own. I'm sure Gene will be along shortly to tell me why I'm wrong though.

Frankly, I would like to see More of these types of videos. Far more entertaining than the nutcracker videos. Like those though, it would get old I guess.

kryss · 01-20-2011, 04:27 PM

Originally posted by Sparkle

She will win in the USA, but should be found partially negligent. The pool is a danger to everyone, kids, people who lose their balance, who trip when their attention is diverted etc. It should be fenced or raised or removed. That is the reality. The real shame is the exorbitant amount of money that is awarded by US courts even if only partially liable. In Canada she might get nothing, in Small Claims Court, if her phone was insured, which it normally is, against such water damage, and no other losses or injuries are strictly proved. Proved damages are all that are awarded.

Is there Nothing you don't know,perhaps your moniker should be Cassandra.

jogiba · 01-20-2011, 06:33 PM

Quote:

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.

Woman who fell into fountain faces theft charges, has criminal record

JeffJS · 01-20-2011, 06:55 PM

Quote:

"What we want is an apology," he said.

Fat chance of that being the case..

Quote:

"We also want to know what happened,

She fell into a fountain and gave everybody a good laugh.

Quote:

how it happened

She wasn't looking where she was going.

Quote:

and who is responsible

She is.

Quote:

and then we'll go from there.

Go where?

Another dumbass looking to profit from her own stupidity. And a criminal dumbass at that.

Sparkle · 01-20-2011, 07:53 PM

Originally posted by kryss

Is there Nothing you don't know,perhaps your moniker should be Cassandra.

Have not slept over 3-4 hours since since I was in my teens and I'm, well lets say I'm over seventy. For a hint, I went through the war, WWII, The Big One. Ladies never tell. Been schooled in and have done just about everything and been just about everywhere. Lifelong learner, reader. Same for Hubby.

Cassandra, as I remember Greek Mythology, could not be believed. Believe me Honey. Sparkle is for what is still in my eyes.

Hard to figure how any human being could be smarter than you, Eh!

You should lie on my or someone's couch.

Sparkle · 01-20-2011, 07:56 PM

Her Criminal Record is immaterial! Think about it.

JeffJS · 01-20-2011, 08:07 PM

Unless she was texting someone about a crime she just committed.

Still a criminal dumbass, immaterial or not.

mikemike · 01-20-2011, 08:59 PM

Originally posted by JeffJS

Unless she was texting someone about a crime she just committed.

Still a criminal dumbass, immaterial or not.

Even if she was texting about a crime she could still sue...

A HS teacher of mine and her back side neighbor were putting up a new fence and her neighbor's house was broken into. Her neighbor chased the robber out the back door with a shotgun and shot a warning shot from the back porch to scare the robber away. The robber ran for his life through my teacher's yard since there was no fence up and ended up breaking his leg because he fell into a hole dug for a fence post. The ROBBER SUED MY TEACHER because he broke his leg in her yard. My teacher won that lawsuit.

My two other favorite stories about unbelievable lawsuits comes from a friend of mine who is a courtroom stenographer.

A brain surgeon was golfing and managed to hit a ball directly into a nearby tree that ricocheted back and hit him directly in the eyeball. His eye was lost and he could no longer work as a surgeon so HE SUED HIMSELF because he had some kind of insurance that ended up paying out $5 Million for the lawsuit.

A guy who was into MMA fighting got a new flexible groin protector and was testing it out by having a buddy of his kick him in the balls. One of the cup was flexible but his friend kicked him too hard so the thing flexed and sliced one of his testicles in half. He sued the manufacturer for it being defective and dangerous. (At least with photography, measurbating doesn't carry this kind of risk

)

Some of the stories he tells me about stuff that comes through the court system is so unbelievable but it is the kind of stuff that you couldn't make up.

JeffJS · 01-21-2011, 12:59 AM

Originally posted by mikemike

Even if she was texting about a crime she could still sue...

Anybody with the cost of filing can sue. That doesn't mean they'll win.

Quote:

A HS teacher of mine and her back side neighbor were putting up a new fence and her neighbor's house was broken into. Her neighbor chased the robber out the back door with a shotgun and shot a warning shot from the back porch to scare the robber away. The robber ran for his life through my teacher's yard since there was no fence up and ended up breaking his leg because he fell into a hole dug for a fence post. The ROBBER SUED MY TEACHER because he broke his leg in her yard. My teacher won that lawsuit.

He didn't win though.. He might have had better luck if he'd sued the guy with the shotgun, who caused him to run. Too bad the robber didn't break his neck and guy's aim was so poor (yes, I know, Warning shot, I would assume in the air. One should NEVER fire a gun without knowing exactly where the projectile is going to go. Firing a gun, especially in a residential area, is the dumbest thing I've ever heard of anyone doing).

Reminds me of a Cops episode. A junkie had called the police because her dealer took her money and didn't give her the crack. She wanted the cop to get the $20 back from the dealer.

Quote:

My two other favorite stories about unbelievable lawsuits comes from a friend of mine who is a courtroom stenographer.

A brain surgeon was golfing and managed to hit a ball directly into a nearby tree that ricocheted back and hit him directly in the eyeball. His eye was lost and he could no longer work as a surgeon so HE SUED HIMSELF because he had some kind of insurance that ended up paying out $5 Million for the lawsuit.

A guy who was into MMA fighting got a new flexible groin protector and was testing it out by having a buddy of his kick him in the balls. One of the cup was flexible but his friend kicked him too hard so the thing flexed and sliced one of his testicles in half. He sued the manufacturer for it being defective and dangerous. (At least with photography, measurbating doesn't carry this kind of risk

)

Some of the stories he tells me about stuff that comes through the court system is so unbelievable but it is the kind of stuff that you couldn't make up.

Measurbating has it's own risks though... I hear it causes problems with eye sight and .... Oh, you meant the photography type.. Didn't see that

(

)

mikemike · 01-21-2011, 07:32 AM

Originally posted by JeffJS

guy's aim was so poor

If I recall the story correctly, the guy with the gun could have easily shot the robber in his house but didn't want to kill anyone. He just wanted to get rid of the guy.

Sparkle · 01-21-2011, 07:41 AM

If a robber came through your window and you set a bear trap in case he returned and he did and his ankle was broken by the bear trap he would win in a suit against you for using unreasonable force. A policeman or any other is liable if a criminal is shot in the back. The law says you can't shoot unless your life is in danger. It is not if the assailant is retreating.

01-20-2011, 06:33 PM	#22
jogiba Banned Join Date: Sep 2006 Location: Millstone,NJ Posts: 6,491 Original Poster	She faces theft charges and has criminal record ! Quote: 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. Woman who fell into fountain faces theft charges, has criminal record

01-20-2011, 07:53 PM	#24
Sparkle Inactive Account Join Date: Mar 2009 Location: Halifax, Nova Scotia Photos: Gallery \| Albums Posts: 1,521	You know it. You just can't get off my back, Eh! Originally posted by kryss Is there Nothing you don't know,perhaps your moniker should be Cassandra. Have not slept over 3-4 hours since since I was in my teens and I'm, well lets say I'm over seventy. For a hint, I went through the war, WWII, The Big One. Ladies never tell. Been schooled in and have done just about everything and been just about everywhere. Lifelong learner, reader. Same for Hubby. Cassandra, as I remember Greek Mythology, could not be believed. Believe me Honey. Sparkle is for what is still in my eyes. Hard to figure how any human being could be smarter than you, Eh! You should lie on my or someone's couch.

01-21-2011, 12:59 AM	#28
JeffJS Inactive Account Join Date: Aug 2008 Location: Michigan, USA Photos: Gallery \| Albums Posts: 7,484	Originally posted by mikemike Even if she was texting about a crime she could still sue... Anybody with the cost of filing can sue. That doesn't mean they'll win. Quote: A HS teacher of mine and her back side neighbor were putting up a new fence and her neighbor's house was broken into. Her neighbor chased the robber out the back door with a shotgun and shot a warning shot from the back porch to scare the robber away. The robber ran for his life through my teacher's yard since there was no fence up and ended up breaking his leg because he fell into a hole dug for a fence post. The ROBBER SUED MY TEACHER because he broke his leg in her yard. My teacher won that lawsuit. He didn't win though.. He might have had better luck if he'd sued the guy with the shotgun, who caused him to run. Too bad the robber didn't break his neck and guy's aim was so poor (yes, I know, Warning shot, I would assume in the air. One should NEVER fire a gun without knowing exactly where the projectile is going to go. Firing a gun, especially in a residential area, is the dumbest thing I've ever heard of anyone doing). Reminds me of a Cops episode. A junkie had called the police because her dealer took her money and didn't give her the crack. She wanted the cop to get the $20 back from the dealer. Quote: My two other favorite stories about unbelievable lawsuits comes from a friend of mine who is a courtroom stenographer. A brain surgeon was golfing and managed to hit a ball directly into a nearby tree that ricocheted back and hit him directly in the eyeball. His eye was lost and he could no longer work as a surgeon so HE SUED HIMSELF because he had some kind of insurance that ended up paying out $5 Million for the lawsuit. A guy who was into MMA fighting got a new flexible groin protector and was testing it out by having a buddy of his kick him in the balls. One of the cup was flexible but his friend kicked him too hard so the thing flexed and sliced one of his testicles in half. He sued the manufacturer for it being defective and dangerous. (At least with photography, measurbating doesn't carry this kind of risk ) Some of the stories he tells me about stuff that comes through the court system is so unbelievable but it is the kind of stuff that you couldn't make up. Measurbating has it's own risks though... I hear it causes problems with eye sight and .... Oh, you meant the photography type.. Didn't see that ()

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01-20-2011, 09:46 AM	#16
Tom S. Veteran Member Join Date: May 2008 Location: S.E. Michigan Photos: Albums Posts: 4,317	Originally posted by mikemike How else would she recover the damages for the broken cell phone and her ruined shoes not to mention the millions of dollars worth of pain and suffering caused by this video hitting you tube making her the laughing stock of the world. She has to sue the mall for putting the fountain there, the city for the water in the fountain which killed her phone, the friend she was texting, and the store which had the great sale that she was texting her friend about. Sue everyone!!! Amazingly, the phone wasn't harmed. It was stolen the next day though from where she works. Probably the mall security trying to destroy evidence.

01-20-2011, 12:47 PM	#17
JeffJS Inactive Account Join Date: Aug 2008 Location: Michigan, USA Photos: Gallery \| Albums Posts: 7,484	Originally posted by Sparkle She will win in the USA, but should be found partially negligent. The pool is a danger to everyone, kids, people who lose their balance, who trip when their attention is diverted etc. It should be fenced or raised or removed. That is the reality. The real shame is the exorbitant amount of money that is awarded by US courts even if only partially liable. In Canada she might get nothing, in Small Claims Court, if her phone was insured, which it normally is, against such water damage, and no other losses or injuries are strictly proved. Proved damages are all that are awarded. No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity.

01-20-2011, 03:29 PM	#18
Tom S. Veteran Member Join Date: May 2008 Location: S.E. Michigan Photos: Albums Posts: 4,317	Originally posted by JeffJS No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity. It will never get to court. The Mall's insurance will decide to offer an amount less than what it would cost them to go to trial, and she'll take it. They are called nuisance suits.

01-20-2011, 03:48 PM	#19
Parallax Senior Moderator Loyal Site Supporter Join Date: Apr 2008 Location: South Dakota Photos: Gallery Posts: 19,332	Originally posted by JeffJS No she won't. There is no way to ID her in the actual video. Had she not spoke up, no one would have ever known who she was. In spite of what you may think, US courts don't always reward stupidity. Originally posted by Tom S. It will never get to court. The Mall's insurance will decide to offer an amount less than what it would cost them to go to trial, and she'll take it. They are called nuisance suits. Tom is probably right about the settlement. Jeff, you are right that the courts don't always reward stupidity, but if tom is wrong and it does go to court, I'll play the odds and bet on her winning.

01-20-2011, 04:22 PM	#20
JeffJS Inactive Account Join Date: Aug 2008 Location: Michigan, USA Photos: Gallery \| Albums Posts: 7,484	Originally posted by Parallax Tom is probably right about the settlement. Jeff, you are right that the courts don't always reward stupidity, but if tom is wrong and it does go to court, I'll play the odds and bet on her winning. I'll take that bet, Jim. Her cause, if you will, is that the entire world with youtube access, news network access, social networking access, etc, is laughing their ass off at her. I Still laugh every time I see it. It isn't as if she was in her own private space doing something stupid. I'll say it again, if she hadn't said anything no-one would have ever known who she was, not from looking at That video anyway. Until she came forward, I though it was some idiot tween and all I could see is natural selection at work. I'll let the lawyers fight it out I guess but to get damages from someone, you still have to show damage. No identity = no damage. I'm saying it goes nowhere, even with a mall's insurance company. Other than her pride, it doesn't look like she was injured. Certainly not from anyone's fault but her own. I'm sure Gene will be along shortly to tell me why I'm wrong though. Frankly, I would like to see More of these types of videos. Far more entertaining than the nutcracker videos. Like those though, it would get old I guess.

01-20-2011, 04:27 PM	#21
kryss Banned Join Date: Aug 2009 Location: Alberta Posts: 218	Originally posted by Sparkle She will win in the USA, but should be found partially negligent. The pool is a danger to everyone, kids, people who lose their balance, who trip when their attention is diverted etc. It should be fenced or raised or removed. That is the reality. The real shame is the exorbitant amount of money that is awarded by US courts even if only partially liable. In Canada she might get nothing, in Small Claims Court, if her phone was insured, which it normally is, against such water damage, and no other losses or injuries are strictly proved. Proved damages are all that are awarded. Is there Nothing you don't know,perhaps your moniker should be Cassandra.

01-20-2011, 06:55 PM	#23
JeffJS Inactive Account Join Date: Aug 2008 Location: Michigan, USA Photos: Gallery \| Albums Posts: 7,484	Quote: "What we want is an apology," he said. Fat chance of that being the case.. Quote: "We also want to know what happened, She fell into a fountain and gave everybody a good laugh. Quote: how it happened She wasn't looking where she was going. Quote: and who is responsible She is. Quote: and then we'll go from there. Go where? Another dumbass looking to profit from her own stupidity. And a criminal dumbass at that.

01-20-2011, 07:56 PM	#25
Sparkle Inactive Account Join Date: Mar 2009 Location: Halifax, Nova Scotia Photos: Gallery \| Albums Posts: 1,521	Her Criminal Record is immaterial! Think about it.

01-20-2011, 08:07 PM	#26
JeffJS Inactive Account Join Date: Aug 2008 Location: Michigan, USA Photos: Gallery \| Albums Posts: 7,484	Unless she was texting someone about a crime she just committed. Still a criminal dumbass, immaterial or not.

01-20-2011, 08:59 PM	#27
mikemike Inactive Account Join Date: Apr 2010 Location: New Orleans Photos: Gallery Posts: 3,053	Originally posted by JeffJS Unless she was texting someone about a crime she just committed. Still a criminal dumbass, immaterial or not. Even if she was texting about a crime she could still sue... A HS teacher of mine and her back side neighbor were putting up a new fence and her neighbor's house was broken into. Her neighbor chased the robber out the back door with a shotgun and shot a warning shot from the back porch to scare the robber away. The robber ran for his life through my teacher's yard since there was no fence up and ended up breaking his leg because he fell into a hole dug for a fence post. The ROBBER SUED MY TEACHER because he broke his leg in her yard. My teacher won that lawsuit. My two other favorite stories about unbelievable lawsuits comes from a friend of mine who is a courtroom stenographer. A brain surgeon was golfing and managed to hit a ball directly into a nearby tree that ricocheted back and hit him directly in the eyeball. His eye was lost and he could no longer work as a surgeon so HE SUED HIMSELF because he had some kind of insurance that ended up paying out $5 Million for the lawsuit. A guy who was into MMA fighting got a new flexible groin protector and was testing it out by having a buddy of his kick him in the balls. One of the cup was flexible but his friend kicked him too hard so the thing flexed and sliced one of his testicles in half. He sued the manufacturer for it being defective and dangerous. (At least with photography, measurbating doesn't carry this kind of risk ) Some of the stories he tells me about stuff that comes through the court system is so unbelievable but it is the kind of stuff that you couldn't make up.

01-21-2011, 07:32 AM	#29
mikemike Inactive Account Join Date: Apr 2010 Location: New Orleans Photos: Gallery Posts: 3,053	Originally posted by JeffJS guy's aim was so poor If I recall the story correctly, the guy with the gun could have easily shot the robber in his house but didn't want to kill anyone. He just wanted to get rid of the guy.

01-21-2011, 07:41 AM	#30
Sparkle Inactive Account Join Date: Mar 2009 Location: Halifax, Nova Scotia Photos: Gallery \| Albums Posts: 1,521	If a robber came through your window and you set a bear trap in case he returned and he did and his ankle was broken by the bear trap he would win in a suit against you for using unreasonable force. A policeman or any other is liable if a criminal is shot in the back. The law says you can't shoot unless your life is in danger. It is not if the assailant is retreating.