Fall into a mall fountain? Sue 'em!!

Reuben · 01-20-2011, 12:04 PM

What do you think?

On the one hand, I'm not sure of the legality of a security tape being recorded and released . . . I don't know if it would violate any privacy as she was in a public place and not being recorded in say a changing room or something of that nature. Should the tape have been recorded and released? Probably not. Should mall personnel, if they witnessed the incident in real time gone to see if she was all right? Probably.

But . . . on the other hand, is there no limit to the American "poor me" complex? She fell into a mall fountain because she was texting and paying absolutely no attention to what she was doing. If this had been me, I probably would have been laughing at myself for days. But this is America doggonit! If I'm gonna do something stupid, you better believe I'll sue you for it! Sheesh . . .

Personally, I would like to see this go before Judge Judy.

bobthecockroach · 01-20-2011, 12:39 PM

She's not trying to sue the mall for letting her fall into a fountain. She's trying to sue them for public humiliation.

No, you do not have a reasonable expectation of privacy when you are in a public place. But that doesn't mean everything you do should be permanently recorded and globally distributed. Privacy law is way behind common sense. A hundred years ago, this would've been embarrassing, but entirely ephemeral. No one would be able to prove it happened. No one would ever be able to see it again. No one would be able to attach it to your name in a searchable index of the world's information (the internet).

There needs to be, in law and in people's minds, not just an expectation (or lack thereof) of privacy but an expectation of ephemerality. If you make a fool of yourself, you should be able to expect that what's over is over.

Reuben · 01-20-2011, 01:05 PM

Quote:

Originally Posted by bobthecockroach

She's not trying to sue the mall for letting her fall into a fountain. She's trying to sue them for public humiliation.

Which I also find a little odd.

Apparently she was told by whoever she called that "At least nobody knows it was you." Cold, but also completely true. I might be mistaken, but from what I can tell, she put herself into the spotlight. Had she not come forward and said "That was me! I'm humiliated!" she would likely have remained just an anonymous person doing something dumb on camera.

But instead she is distressed over her public humiliation, after she willingly made her identity known to the public?

**Rainer.** · 01-20-2011, 01:05 PM

Quote:

Originally Posted by bobthecockroach

There needs to be, in law and in people's minds, not just an expectation (or lack thereof) of privacy but an expectation of ephemerality. If you make a fool of yourself, you should be able to expect that what's over is over.

Why?

I understand that perhaps it goes against some internal law of common decency to publicly humiliate someone, but how or why should this be a legal right?

bobthecockroach · 01-20-2011, 01:09 PM

Quote:

Originally Posted by Rainer.

Why?

I understand that perhaps it goes against some internal law of common decency to publicly humiliate someone, but how or why should this be a legal right?

Because the alternative sucks?

**Rainer.** · 01-20-2011, 02:33 PM

Quote:

Originally Posted by bobthecockroach

Because the alternative sucks?

Would there be exceptions in your hypothetical law protecting the press and/or artists?

If I hang a videographic artwork in a gallery that happens to have someone scratching their buttocks (or other body part) in public, should they have a right to tell me to take it down?

bobthecockroach · 01-20-2011, 02:37 PM

Quote:

Originally Posted by Rainer.

Would there be exceptions in your hypothetical law protecting the press and/or artists?

There are always exceptions... for exceptional cases.

normajean777 · 01-20-2011, 02:38 PM

Ridiculous. Perhaps the guy who filmed this and released it should be fired for abusing his position. But that would be a mall decision IF they could pinpoint who released it. But it shouldn't be an event where the woman (who is obviously looking for a quick buck, seeing that shes fraudulently used anothers credit card before) can sue the mall successfully for a sum of money.

BTW as for her little quirp about no one offering to help her, it is definitely not the security persons job to run out and help stupid unattentative people. At the West Edmonton Mall, people jump into the large show pool (with the pirate ship in it). Security will rush to the people who do, but only to charge them (presumably with trespassing).

**Rainer.** · 01-20-2011, 02:53 PM

Quote:

Originally Posted by bobthecockroach

There are always exceptions... for exceptional cases.

What's exceptional? *shrug*

bobthecockroach · 01-20-2011, 02:55 PM

Quote:

Originally Posted by Rainer.

What's exceptional? *shrug*

That's for the judicial system to decide.

**thesteve** · 01-20-2011, 03:27 PM

Quote:

Originally Posted by bobthecockroach

She's not trying to sue the mall for letting her fall into a fountain. She's trying to sue them for public humiliation.

In the article she says she's suing them for not helping her, not for public humiliation.

***Art*** · 01-20-2011, 04:18 PM

She gets right back up, and climbs out of the fountain. I doubt she has much of a case.

Also, the article doesn't even say she is suing. It says she has hired a lawyer, and is exploring the possibility.

OiBoyz · 01-20-2011, 04:28 PM

Is her 15 minutes up yet?

***Art*** · 01-20-2011, 04:37 PM

In the age of The Tubes, we have a lot more than 15 minutes coming to us now.

***Pauler*** · 01-20-2011, 07:49 PM

imho...she is humiliated and wants to somehow save face by going after someone. it is pretty obvious from the video due to the fact that she walks away...that the only thing that is hurt is her pride.

however, if they can pinpoint the person that released the video...they should be fired.