Smart Phones Smarter Than Those Who Use Them

[Old Moparz]

I'm guessing most people will agree that this person is.......well, to put it in very simple terms.......a friggen' idiot!

The sad part is, she now has a lawyer that will be trying to get her some money. I saw it on the news this morning & laughed until I heard the part about suing. Now I'm just aggravated that another person wandering the earth aimlessly decides they need to be compensated by the rest of us because they're an idiot.

Moron Falls Into Mall Fountain While Walking Upright & Texting

News Video: http://news.yahoo.com/video/us-15749625/fountain-lady-nobody-went-to-my-aid-23909987


And now, this other ABC News video of Cathy Cruz Marrero is going kinda viral as well, with Marrero explaining that she was texting a church friend -- giving the woman her birth date and her husband's birth date -- when she took the fall into the fountain.

"When I first saw the video of the woman falling in the fountain while texting, my husband and I thought it was fake," said one Cleveland-area mom.

"Video of the shopping mall texting gaffe that became extremely popular over the weekend is among our top rising searches today," writes YouTube on their YouTube Trends site about the video, which has received over 1.8 million views for the video titled "Girl falls into fountain while texting at the Berkshire Mall" on YouTube.

Cathy Cruz Marrero talked to ABC News and said she was dumbfounded and totally embarrassed.

"I admit, it was funny, but nobody took my feelings into consideration," she said, sounding like she wanted to cry.

Nobody came to her aide except a woman who wanted to hug her, but didn't dare because they woman who had fallen was too wet.

Marrero can't help but remind me of that man who'd been at the pool for 38 years who told Jesus, "I've got no one to put me in the pool."

After all, she was the one who fell in -- but yes, I understand what she means about not texting and walking, and that it could've been anyone we know that did the same.

Compassion is key. And so is responsibility.

What seems to have hurt her the most is the fact that someone took cell-phone video of the security video and posted that on YouTube.

Perhaps I missed the part in the ABC News video about the lawsuit consideration, but the lawyer-speak included words about finding out who's responsible for leaking the footage.

[FLG]

HAHA!! What a damn idiot!

"No one took my feelings into consideration" you fell into a damn fountain, your not hurt, get over it. I cant name the amount of dumb things ive done in public knowing damn well ppl are watching simply to give em a good laugh, honestly i think thats one of the best things you can do. If you were so embarrassed why the hell are you on TV? Now everyone sees who you are, before this you were simply a lady at some mall.

[chargermike]

no shit huh. if i got paid for every stupid thing i did in public i would get a check every day.

[FLG]

no shit huh. if i got paid for every stupid thing i did in public i would get a check every day.

Ya damn straight, i think the charger would be done and id be able to buy a Daytona 

[Troy]

I saw the news about the lawsuit today. She complained that no one helped her. Well, if you watch the video she jumped out immediately and took off. No one was close enough to help her in that amount of time. Also, isn't there some part of the law that says if you don't something in public (especially something stupid) then you have no legal recourse? Isn't that how the Girls Gone Wild guy keeps winning lawsuits? Maybe now our nanny state can enact laws banning texting while walking...

Troy

[bull]

Oooo! Troy's on a roll today.

On a sidenote, I've seen bricks that are smarter than many people so yea, I think a Smart Phone would probably outsmart at least 75% of the population.

[bull]

Idiot woman should have kept her mouth shut: http://technolog.msnbc.msn.com/_news/2011/01/20/5885523-texting-fountain-ladys-problems-bigger-than-youtube-fame?GT1=43001

[MoparManJim]

Maybe I should go sue TraderHorn for the time when I walked into ( ) the one pole that is in their store while I was talking to a friend of mine and not paying attention to where I was walking and walked streight or right into the dang thing  .  Hey even I laughed at my self for that because I knew I should have been watching where I was going which I wasn't.   

But how in the heck can you be texting and not be looking to where you are walking though.. 

[Vainglory, Esq.]

I saw the news about the lawsuit today. She complained that no one helped her. Well, if you watch the video she jumped out immediately and took off. No one was close enough to help her in that amount of time. Also, isn't there some part of the law that says if you don't something in public (especially something stupid) then you have no legal recourse? Isn't that how the Girls Gone Wild guy keeps winning lawsuits? Maybe now our nanny state can enact laws banning texting while walking...

Troy

The idea that you can't sue for what you do in public goes to expectation of privacy.  If she wants to sue because no one helped her, it's more important to figure out who has a duty to help.  Generally, you have no duty to help someone out if you have no special relationship to them (e.g., son/daughter, child in the care of a babysitter, etc.).  In fact, it's often worse to try to help, since once you do, many states hold you liable for messing it up despite your best intentions.  The only people I can think of who would have a duty to help would be security guards and/or mall safety employees, but as mentioned above, she seemed to get out of the water way too quickly for that to be an issue.  And it never seemed like she was in real danger anyway.

[bull]

But how in the heck can you be texting and not be looking to where you are walking though.. 

Um, just a wild guess here but maybe she was looking at the phone instead of her surroundings? I don't know; your questions kind of answers itself, doesn't it?

[bull]

I saw the news about the lawsuit today. She complained that no one helped her. Well, if you watch the video she jumped out immediately and took off. No one was close enough to help her in that amount of time. Also, isn't there some part of the law that says if you don't something in public (especially something stupid) then you have no legal recourse? Isn't that how the Girls Gone Wild guy keeps winning lawsuits? Maybe now our nanny state can enact laws banning texting while walking...

Troy

The idea that you can't sue for what you do in public goes to expectation of privacy.  If she wants to sue because no one helped her, it's more important to figure out who has a duty to help.  Generally, you have no duty to help someone out if you have no special relationship to them (e.g., son/daughter, child in the care of a babysitter, etc.).  In fact, it's often worse to try to help, since once you do, many states hold you liable for messing it up despite your best intentions.  The only people I can think of who would have a duty to help would be security guards and/or mall safety employees, but as mentioned above, she seemed to get out of the water way too quickly for that to be an issue.  And it never seemed like she was in real danger anyway.

She probably got the idea from the final Seinfeld episode.

[MoparManJim]

But how in the heck can you be texting and not be looking to where you are walking though.. 

Um, just a wild guess here but maybe she was looking at the phone instead of her surroundings? I don't know; your questions kind of answers itself, doesn't it?

Okay, here's a question for you smart people.

How big is a "smart phone"? now how big is a mall? I would say even at texting you can see where you are walking.. it's very easy to see. 

I wonder how cold that water was and I bet that ruin her phone the minute it hit the water. That is probably why she is upset for. 

[BB1]

What about the poor smart phone, she didn't even try to save it. 

[BigBlackDodge]

Aren't most malls private property anyways?


BBD

[bull]

But how in the heck can you be texting and not be looking to where you are walking though.. 

Um, just a wild guess here but maybe she was looking at the phone instead of her surroundings? I don't know; your questions kind of answers itself, doesn't it?

Okay, here's a question for you smart people.

How big is a "smart phone"? now how big is a mall? I would say even at texting you can see where you are walking.. it's very easy to see. 

So you've never experienced a person not paying attention to where they're going? In Jim's world there are no traffic accidents, falls, bumps to the knee against a wall or chair?

[Old Moparz]

So you've never experienced a person not paying attention to where they're going? In Jim's world there are no traffic accidents, falls, bumps to the knee against a wall or chair?

In Jim's world.

Sounds like a new TV show that will premiere this fall. 

[MoparManJim]

So you've never experienced a person not paying attention to where they're going? In Jim's world there are no traffic accidents, falls, bumps to the knee against a wall or chair?

In Jim's world.

Sounds like a new TV show that will premiere this fall.  

You know, that does infact have a good ring and sound to it doesn't it.      

Now to answer the other person, yes I have infact experienced people not paying attention at all. Matter of fact my late aunt was one of those people one day back in 07. She was pulling out from a dairy queen, seen her nephew plying over in the yard as she was starting to pull out. For got where she was and what she was doing and had traffic coming and pulled right out into traffic while trying to look at her nephew over in the near by yard playing! I did infact yelled at her for doing it too. She told said to me she was only trying to see her nephew was all and I told her she had dang nearly cause a wreck also as 3 cars almost hit us. 1 coming from the left right at her and 2 from the other way towards us. Lucky I yelled when I did and got her mind on what she was really doing and that was driving and not looking back the other way at her nephew in the yard playing.  

Back in mid '80 I had been in a truck wreck also up in Oil City as a drunk driver ran a red light at the bottom of the bridge where the vehicles comes off the bridge at.  

I have fallen alot of times as well and also been tripped by people as well.  

I have also bump my knee on things as well including walls just so you know. Even fallen off a chair afew times too I might add when setting to close to one side and turning around and wam hitting the floor. BUT I have not ever blame it on anything else though but my own stupidness for not paying more attention.      

Does that answer your question or ah questions?  

[last426]

They have  a duty to make the premises safe for invitees (if I remember the law correctly).  It's certainly foreseeable nowadays that a person may be texting.  The fountain is in the middle of a walkway and the ledge is the perfect height to make someone tumble in.  All that is beyond dispute (or so I say).  Now it's a question of damages and maybe comparative negligence.  So the mall is 50% at fault and should raise the fountain wall.  Problem solved.  Kim

[bull]

Does that answer your question or ah questions? 

Yes. All except the "nifhew" part.

[bull]

They have  a duty to make the premises safe for invitees (if I remember the law correctly).  It's certainly foreseeable nowadays that a person may be texting.  The fountain is in the middle of a walkway and the ledge is the perfect height to make someone tumble in.  All that is beyond dispute (or so I say).  Now it's a question of damages and maybe comparative negligence.  So the mall is 50% at fault and should raise the fountain wall.  Problem solved.  Kim

Or she could just pay attention to the world around her instead of pushing for more nanny state legislation.

[MoparManJim]

Does that answer your question or ah questions? 

Yes. All except the "nifhew" part.

oops, I didn't do a spell check, that would have been Nephew.

[Old Moparz]

They have  a duty to make the premises safe for invitees (if I remember the law correctly).  It's certainly foreseeable nowadays that a person may be texting.  The fountain is in the middle of a walkway and the ledge is the perfect height to make someone tumble in.  All that is beyond dispute (or so I say).  Now it's a question of damages and maybe comparative negligence.  So the mall is 50% at fault and should raise the fountain wall.  Problem solved.  Kim

Okay, I knew the legal experts would eventually post. 

Aside from lawyers being able to make some money, I think I can profit from this as well. I have an idea, but not enough financial backing to move forward on this. If anyone on this site is interested in getting in on the ground floor here, send me a PM & I'll consider making you a partner.

I plan to market my idea to the malls & since Americans love to shop, there are lots & lots of malls to sell my products to. We can make a killing on this since there is never a shortage of idiots that need to be protected from themselves. You know how you can use the baby strollers at the courtesy desk? Or the handicap scooters in Wally Mart?

I think that you should also be able to get my new device called the "Pro-Text-Shun Suit" so you can walk around & not pay attention to your surroundings & text at the same time. I think there will be a waiting list at the courtesy desk for these things since there are so many potential hazards in malls. Stuff like fountains, escalators, stairs, small running children, trees, benches, glass doors, & even other texters.

The first choice is the adult sized walker with suspension harness so you can remain upright while you meander past obstacles & text at the same time.

[Old Moparz]

Other choices could be the inflatable suit that activates on contact with water. It can be a simple jumpsuit design, or for the more fashionable people, the dress kind. Don't forget the younger crowd that may want to be more hip & wear the spiked punk rocker look. And kids will love the animal ones.

[Old Moparz]

Some people will beat the rental costs & show up in their own safety suit, but it may not keep the mall safe from a lawsuit. These people will be easy to spot & should be escorted from the premises unless they sign a waiver upon entering.

Maybe Last426 or Vainglory can chime in on this?   

[Silver R/T]

She compares herself to a man in a Bible who was disabled? What a dumb b^^^
You can't  and you shouldn't compare yourself to a disabled person just cause you're an idiot

[last426]

Some people will beat the rental costs & show up in their own safety suit, but it may not keep the mall safe from a lawsuit. These people will be easy to spot & should be escorted from the premises unless they sign a waiver upon entering.

Maybe Last426 or Vainglory can chime in on this?   

The ADA prohibits discrimination because a person is disabled. Disability is anything that effects a major life function.  Ca..ching, goes the damages register.  I just may have to start filing again.  Kim

[PocketThunder]

She compares herself to a man in a Bible who was disabled? What a dumb b^^^
You can't  and you shouldn't compare yourself to a disabled person just cause you're an idiot

disabled..?  what?   

[Wicked72]

hmmmm this story brings one thing to mind.... No offence but this is funny and one of my black friends sent me this    http://www.youtube.com/watch?v=RG8oDJqlvrk
or how about this onE! http://www.youtube.com/watch?v=KcDg8Tdaewc&feature=related