Woman Falls into Fountain?

Updated on January 31, 2011
T.L. asks from Cuba, MO
62 answers

I'm sure every one has watched or heard of the woman in Texas who was texting and then fell into a fountain. If you have not please google it. It sure made me laugh.

Any how while at work today my boss brought it to my attention that the woman is now seeking legal action against the mall. Seriously! How is it their fault she was not paying attention?

So my quetion is if you were on a jury would you give her any money? I would say no, but you need to get some common sense.

This world is way to sue happy!

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So What Happened?

Some of you mentioned this is no different that the mcd's incident, but it is. And this is how. Mcd'[s was warned that they coffee was above the appropriate temp. This was told to them by the proper people they were also told that they needed to lower the coffee temp to make it safe for consumers. I believe they were warned twice about the coffee being at an unsafe temp. Mcd's however failed to lower their coffee temp. Had they lowered the coffee temp to a safe temp then when it was spilled the individual would have not been burned.

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S.L.

answers from Chicago on

This woman has TWO felony indictments against her for using a Zale's credit card that did not belong to her and a Target credit card that did not belong to her. She is a criminal and has no credibility whatsoever.

There are certain types of people who do this. Like the woman who sued a Chicago zoo because she got splashed by the dolphins while she sat in the front row of the Dolphin Show.. Her lawsuit shut down the Zoo's dolphin show for over 2 years.

How does that saying go..."It takes all kinds." Well, these are kinds I could do without.

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S.B.

answers from Wichita on

I wouldnt. I might even lobby for her paying their legal fees, especially since they have her on video being negligant.

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P.O.

answers from Harrisburg on

agree! Point the finger, blame someone else. I guess the mall should be responsible for having a fountain while she "text", how dare they do that!

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P.G.

answers from Dallas on

If I were on the jury, I'd suggest that she be fined for wasting my time.

9 moms found this helpful
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R.F.

answers from Dallas on

Ok - this was the 3rd time today I've heard about this lady, so I had to watch the video.
'No one' came to help her...um...the mall looked virtually empty and she got out pretty darn quick. Out of humiliation, I'm sure (and I believe that the cell phone was saved as well!)
Would I sue? No. Would I be embarrassed? Yes. Would I submit to America's Funniest Home Videos? Heck yeah - I'd be better off with a payout with that than a stupid lawsuit!
The mall is not at fault. If I am walking on the beach and get knocked over by a wave, who do I sue? Mother Nature?
She deserves an honorary Darwin Award.

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L.C.

answers from Allentown on

Not only should she not get any money, her lawyer should be fined for bringing a frivolous lawsuit. Until that happens, this silliness will continue. Big waste of time for the legal system.

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D.P.

answers from Pittsburgh on

Of course not. You can't legally defend "stupid" OR "clueless"! LOL

It is an overly litigious society that's for sure.

Whatever happened to personal responsibility?

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M.L.

answers from Washington DC on

She works at that very same mall and was aware of the fountain. I would give her NOTHING and ask the judge to make her pay all costs, plus damages to the mall.

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M.B.

answers from Washington DC on

I bit into a sandwich at McDonald's two years ago that immediately made my mouth burn and I thought I could smell bleach. I called poison control, and they told me to repeatedly rinse my mouth out and that I didn't have to go to the ER at that point and that they would order a health inspection of that McDonald's immediately. Well, they called me about the report and they found out that they were using waaaay too concentrated of a bleach mixure.

I didn't sue. If I was seemingly any other person, a big lawsuit would have happened. My mouth hurt for a few days, but no permanent damage. THAT was something that wasn't my fault, and I didn't try to sue. Can't stand these selfish, greedy people.

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D.F.

answers from Seattle on

Heard yesterday on the radio that the woman has pending criminal charges for stealing a fellow employee's credit card and racking up $5000 in charges. Something fishy here...employees probably violated something by posting the video, but I wouldn't be surprised if there were a money motive in her "emotional suffering" angle. Just sayin'

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J.P.

answers from Stockton on

If I were on the jury, I would never award this woman money. BUT unfortunately the world today lets people get away with suing people for things that would never have been considered in years past!

ETA: I hadn't heard about this and just googled it - this person is facing a felony endictment for theft (using credit cards that were not hers for over $5K of purchases) sounds like a real winner!!

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K.M.

answers from Chicago on

Of course not SHE was texting while walking ... not so smart. I would however be sueing the Security company who put it out there it is a vilation if their contracts and they should be fired (providing it was them).

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T.F.

answers from San Francisco on

I think she should be countersued for any expense her legal actions will cost taxpayers! You would think she'd be so humiliated by her stupidity that she wouldn't step up and say it was her in the video but NO apparently she's not only unbelievably stupid but greedy too!

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P.K.

answers from New York on

Heck if I did that I would just laugh at myself. On my wedding day, you know
at the reception, when they introduce "for the first time, Mr. and Mrs." Well
someone spilled water and never cleaned it up. Guess what? I slipped in
in and went flat on my axx. Two holes in my dress. Could not change the
situation so I just laughed until I could not anymoe. Everyone took my
cue and laughed right along with me. It was a memorable day to say the
least. So if I had been texting and fell into the fountain, I probably would have laughed hysterically and walked off. If I ended up on U Tube so be it. Does she see the humor in it. No I think she was trying to make money off of it to pay her legal bills.

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M.S.

answers from San Francisco on

I think it is ridiculous. I heard her on the radio saying she is mad because so many people have seen it. Now that she has decided to sue, the whole world will have seen it!

I think it is along the line of trying to sue McDonalds because their food made you fat. We all know it isn't good for us, but it we eat it then it is our responsibility. If she was dumb enough to fall into a fountain because she was texting... oh boy

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G.H.

answers from Chicago on

The guard that put up the video got fired.

No one could possibly know it was her unless she was stupid enough to tell people, so how can she claim humiliation? Makes you wonder if it was planned.

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M.R.

answers from Los Angeles on

She's an idiot and clearly has lot's of issues if she thought she was going to win the ''case''. Definately made me crack up though, I'll give her that!

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A.S.

answers from Iowa City on

She is supposedly actually suing because the employees of the mall did not render aid in a "timely" fashion. If I were on the jury I would think FOOL and award nothing but my laughter.

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A.G.

answers from Boston on

She is suing the mall because the employees put the video online not because she got hurt while texting.
I still think the whole thing is just silly.

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S.M.

answers from Kansas City on

I saw it. It was hilarious. I wonder if she's suing because they put her picture out there like that. How is it that the malls security footage ended up online that way? That was kind of mean.

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A.M.

answers from Kansas City on

No way would I give her money. As a society we need to stop the sue insanity!

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J.C.

answers from Anchorage on

First off, the Mcdonalds settlement was thrown out, so that stupid person never got any money for spilling their coffee. The lady at the mall has no case. She is mad not because she fell in the fountain, but because the video was release and she claims to be "mortified" by the fact that everyone is seeing it and laughing, but the fact is that no one knew who the person was in the video (you can't tell when you see it), so the only reason anyone even knows who it was is because she came forward and gave an interview. These types of greedy people annoy the hell out of me and hurt our society as a whole.

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B..

answers from Dallas on

I'm sure she was humiliated, but it's her fault. She's embarrassing herself further by a lawsuit. I hope she gets nothing. It's frivolous and she's probably just sue happy.

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A.C.

answers from Savannah on

I don't know if it's still like this, but I know for sure that at least in the past, in England you could be punished for bringing forth frivolous lawsuits. You could get a fine and have to pay all court costs if it was stupid. I wouldn't mind that law here.
She was on Good Morning America (I saw the clip on CNN, search fountain lady and its on Cooper's "Ridiculists")....she says she's suing because "what if" the fountain had been empty? "what if" she'd ended up in the hospital? "what if" she got hit by a bus? LOL That was even better than the falling into the fountain.
In answer to some questions, the original video from days ago looks like someone's cellphone or something was recording the tv while they were playing the video back, not technically the security video. I'm not sure about that, but it looks like you can see the monitor around the video screen, and you hear a guy showing a girl, who thinks it's grand.
As an avid HATER of texting while....anything....this video is gold to me. People are constantly bumping into me from behind because they are texting in the grocery store, or taking up the whole aisle and not walking. Once I had to slam on my brakes so hard all my stuff flew off the passenger seat onto the floor because some fool stepped out while texting, NOT in a crosswalk, with me driving and only like 3 feet from him at the time. Serves her dumb butt right. (However, did you see the original viral video? On the 2nd angle, it shows her getting out of the fountain all soaked, and then trying to be all casual, looking at clothes in a nearby store.....was she window shopping, or trying to figure out if she should get dry clothes? Awesome).

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S.R.

answers from Pittsburgh on

Good grief, thankfully I live in Canada, and we don't sue over stupid things ( or at least most don't and they don't get publicized). I am glad she wasn't hurt, but it was all her stupidity.

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T.B.

answers from Miami on

...reminds me of the person who sued McDonald's years ago because SHE spilled (or was it a man, can't recall) hot coffee in her lap. Yes, I agree, people are only out for money. So sad!

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E.G.

answers from Jackson on

I think she is suing for them releasing the footage. But no wouldn't give money.. Hey not like you can see who it is anyway now everyone really knows who did it.

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H.L.

answers from New York on

I heard on the radio she had 2 felony warrants out for her arrest so if it's true, now they've got her. And absolutely not would I give money. Absurd.

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K.I.

answers from Los Angeles on

I would NOT give her any $...this is ridiculous and actually makes me angry at how some people feel so entitled!

Yet another example of how messed up our society has become...Everyone has their hand out, or so it seems.

~Ironically I hear that by being all over the TV while expressing her outrage about how everyone knows it was her, it brought her to the attention of her local law enforcement agency and the fact that she has 5 outstanding charges against her...most of them being theft charges and I hear she is due back in court on these charges, whoo-hoo! For some justice!

Bottom line: This person is a criminal and better not be given a dime for being too ignorant to watch where she was going while texting-sheesh!

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J.G.

answers from Dallas on

I would give her a pair of glasses so that next time she can really watch where she is going.
This was SO her fault and now she wants money because she can't walk and use the cell phone at the same time, please! What a waste of time for the court. Ridiculous!

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A.G.

answers from Houston on

nope, the woman is obviously to blame.

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L.N.

answers from New York on

I'd be laughing my behind off all the way out of the courtroom. she's suing because the security didn't help her, instead they laughed at her, plus suing because the video went public. she'd get nada from me, for being silly texting and walking.

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J.B.

answers from Detroit on

No if she was texting and driving could she sue the Township or City I think not no one told her to text and walk. It is really funny and I bet she is only doing it because she is embarrassed which she should be!

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T.F.

answers from Los Angeles on

That video was hilarious! She's probably mad that people are laughing at her mishap but it's a great tool to use to teach people to stand or sit somewhere safe while texting.

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M.L.

answers from Philadelphia on

I would never give her any money for her own clumsiness and stupidity! People think any time they have an accident, there should be some "deep pocket" to be paid out of ... this is why business' insurance rates are so high. Guess who gets the costs passed on -- the consumer. Sometimes, an accident is just that - an accident! Let's hope she does not get any money, otherwise we will start to see a "rash" of this type of accident.

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S.C.

answers from Milwaukee on

I heard she is sueing because the mall security released the video. I agree with her. They have no business releasing any footage taken from those cameras.

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T.R.

answers from Daytona Beach on

It was her fault that she fell maybe she felt so stupid for falling now she is blaming others for her mistakes! I don't understand people now a days whats going on with this world? If you did then the only person 2 blame is your self!

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C.T.

answers from Detroit on

i would give her a big Hell No verdict! her stupidity landed her in that fountain! Now i wonder how she would feel had she been texting and driving and made someone have an accident because she was not paying attention?! I cause she would feel that the other person should not have the righ tot sue her because it was an "accident"! She is embarrased and oh well!

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D.S.

answers from Houston on

no diffrent than suing mcdonalds for pouring coffee on youself. lame but I wouldnt reward her for being an idiot. :)

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A.B.

answers from New York on

A couple of years ago a woman decided not to tie her shoes and tripped breaking her ankle. She sued the shoe company as no where on the box did it indicate she had to absolutley tie the shoes. YES this is a true story. Thank God the judge had common sense and threw it out of court as a nusiance complaint. But if I was on the jury, I would have the mall give a formal apology for running video but she would get ZERO in restitution from me!

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M.R.

answers from Phoenix on

If I were lucky enough to be on that jury - NO, there would be no award for txting and falling into fountains.

But you know what's going to happen???? All malls will now have to take down all their water fountains, or put up barriers, or empty the water, or...

And shame on the idiot attorney who took the case and thinks he has a leg to stand on....That's the real snake in this case. He's probably just hoping for a huge out of court settlement and they walk away 'winners' in their minds.

Regarding posting the video on line...I think the mall security should have removed the sound of them laughing at her. Even though it was done hours later, it will show extreme unprofessional behavior. Which brings up McD's lawsuit over the hot coffee. The old lady won the case due to the employees inappropriate and nonhelpful response to her burned hand.

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A.K.

answers from Wichita on

I saw an interview yesterday with this woman on one of the morning TV programs. She isn't suing because she fell in the fountain. The reason she is suing is that mall security failed to render aid to her even though they knew immediately she had fallen into the fountain. They saw it when it happened, made a video with a cell phone in which you can hear at least 2 security personnel laughing and sent it to Youtube before even attempting to check on her to see whether or not she was injured.

Personally I would not sue over something like this but I do think that it is mall securities job to render aid to someone that has fallen whatever the reason if they know it happened.

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M.P.

answers from Provo on

If she does and I was on the jury, i'd just laugh at her. It's not the mall's fault that she wasn't paying attention. What is the mall supposed to do? Rope off the fountain and put a motion detector alarm around it?????
Those fountains in malls have been around for years. I doubt that there has been to many incidents involving them. If there has been, I'm sure it's due to lack of supervision or brains.

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T.B.

answers from Washington DC on

I did see the video on fb a few days ago and was quite amused. I heard yesterday that she retained a lawyer to sue the mall not for the fall but for humiliating her by releasing the security footage on youtube. Rule of life #1 watch where you are going so as not to fall. #2 - lighten up and laugh at yourself...you did something dumb which ended in a funny situation. Who hasn't? Had she never come forward no one would ever have known it was her. The footage was from a distance, she was looking down at her phone. You couldn't see her face. She's lucky I'm not in the jury pool....no pun intended :D

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J.L.

answers from Minneapolis on

.

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C.D.

answers from Washington DC on

Just wastes the courts time so that people are skeptical of legitimate cases.

C.B.

answers from Kansas City on

haaahahahahahaha!

i admit i had not heard of this. that is hysterical. i hope everyone she knows laughs their butts off at her to her face. wow. not only would i NOT give her any money, i would ban her from cell phones for life, and let her know that if she has ANY self respect whatsoever, she will not show her face outside her house for a very, very, very long time. ridiculous.

honestly, even the mc'd's coffee thing i find ridiculous. i mean really. i have never had a cup of coffee that was safe to gulp down as soon as it's handed to you. no matter where it came from. you test it first. you be careful till it cools off a bit. duh. someone else who must have zero self respect.

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M.J.

answers from Harrisburg on

LOL I think it's hilarious.
But I believe I heard she's not going through with suing anymore. Apparently the security guard that posted it got fired.

And I was watching Good Morning America (news) and I guess they found out that she stole a co-workers credit card and racked up a $5000 bill. Along with several theft cases and a hit-and-run charge.

So, she's just out to get money.
Who knows she could have just "fell" in on purpose and see if anything would come of it.

haha. Definitely wouldn't give her money. No way.

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S.W.

answers from St. Louis on

It's not about her falling into the fountain but about them putting the video footage on Youtube.

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L.L.

answers from Topeka on

Nope haven't heard of this yet.But I find it funny already

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K.S.

answers from Kansas City on

Hell no! What happened to accountability? If she would have been paying attention, then she wouldn't have fallen. It's pretty funny to see. The security officers were wrong to put it on you tube, but she originally was upset that no-one came to her aid.

Now, it is out that she has a criminal record, pretty lengthy and is about to go to court next month for stealing a co-workers credit card and racking up $5,000. Now that she's doubly embarrassed she now says, she just wants an apology from mall security and isn't planning on suing. Yeah, right. hey, maybe she can sue the cell phone company too, for even offering her texting in the first place!

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M.C.

answers from Minneapolis on

I think she should be sued for inattention to walking! I can't remember where but it's like the gal who sued a city becuse she tripped and fell because of construction...construction that was very very advertised...she didn't see all the orange around her whilst TEXTING. Sadly this lady will probably win the battle, then malls will have to spend thousands of dollars safegauarding TEXTERS from falling into a big pool in front of them. "I didn't see any handles" DUH you were texting Handles/railing even if they were there you would have probably gone in and it would have probably hurt more as you would have whipped around the railing! Good laugh is right

T.N.

answers from Albany on

tehehe, some people have NO sense of humor!

:)

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O.P.

answers from Houston on

Perhaps they should ticket her for swimming in the fountain.
As for the U Tube posting...I wouldn't have been able to ID her from that clip...going on TV to let the world know her name and see her face? Now that let us see how dumb she is.

D.H.

answers from Kansas City on

I think she is dead wrong. She was texting and wasn't watching where she was going. The fountain didn't see her coming and move in front of her. She is sueing because she didn't get any help from the mall security. They could have asked how she was and if there was anything they could have done for her. But I would not award her anything, since it WAS her fault. I mean puleeease!

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G.B.

answers from Oklahoma City on

I would think they would need a release from her to show her on the internet. She basically didn't give permission for them to broadcast her activities on the internet.

I think she may have grounds but she was really silly to walk and text at the same time. I don't like to text, it takes so many pushes with the older number style phones and I can honestly say that this video makes me more aware of my surroundings.

To put it another way, if it were you and you had just found out your child had been in an accident and you were rushing to your car and trying to tell the someone that you were on the way and fell in that fountain would you want it broadcast for the world to see? She may have just been chatting with a friend but still, would you want your mistake broadcast and made the laughing stock of the world?

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3.B.

answers from Cleveland on

I think it's ridiclous. YOU fell into the fountain, you shouldn't have been climbing or sitting on the edge. She is just ticked that someone got it on camera and put it on you tube. Get over yourself lady, really!
I wouldnt give her a dime!

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D.C.

answers from Dallas on

Just FYI, the woman is from Pennsylvania, not Texas. Not ALL the crazies are from here! :-)

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K.L.

answers from St. Louis on

I am glad to learn that the suit is over a legitimate complaint, although I would hope that she would first talk to the mall administrators and discuss how she was treated by mall security workers. If she had, they might have offered to reimburse her for any damages, such as drowning her cell phone, and had the employees reprimanded, or better yet, forced to take sensitivity training.

I still hope she is not awarded anything for her own clumsiness. The employees should not have treated it as entertainment, but she was not drowning and nothing appeared to be broken. I fear that if she wins this case, pretty soon the insurance companies will force public places to either remove all fountains or encase them in protective plexiglass! :( It seems less likely that they would require security staff to get sensitivity training!

If we sued everyone who behaved insultingly or took advantage of our misfortune, I would have to sue a few mechanics, plumbers, insurance salesmen, hair stylists, bankers, doctors, nurses, Sunday School teachers, and most political extremists.

People do not understand how difficult it is to win such a law suit and how little they actually get after the lawyers take their share. I've seen people lose much money and more dignity while winning a law suit. It is the lawyers that win in these cases. Many lawyers love frivolous law suits. Even if they only get paid if they win the case, it is a great gamble for them. They make so much on one case, they can afford to win a small percentage of the cases and still make a very comfortable living.

So, it may well be that a lawyer talked her into filing suit for his/her own benefit. She could actually end up loosing much, even if she wins the case. She may well be as much a victim as the mall is.

I know some very honorable attorneys and do not want to denigrate what could be a noble profession for many talented people. But, the system allows there to be a large number of despicable lawyers to take advantage of people, families, and businesses. It is time to wake up and smell the lawyers!

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D.B.

answers from Charlotte on

.

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R.C.

answers from Dallas on

Not one red cent. Stupidity should not be rewarded.

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C.C.

answers from Philadelphia on

Well a couple of comments first its a shame she fell into the fountation. However it washer own fault and I would also be embrassed but that is the consequences of her own actions. Its a shame no one helped her but oh well. That is disgraceful she would even think of suing. So many malls are struggling to stay in busines.
now is the mall going to have to post a sign we are not liable if your texting on your cell phone and fall in the fountain.....gimmie a break

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