Also, it's pretty hard to predict which YouTube video will go viral. If the guard knows how to do that, then that's where his fortune lies.
She got up and walked away physically unharmed, she admits, and it was her fault that she fell (not paying attention while texting and walking). She seems to know she should not have been walking and texting and be only angry that the guard laughed and posted the video rather than doing his job to make sure that she was unharmed?
So, who can she sue other than than the security company for which the guard worked? They've already fired the guy, who was clearly being irresponsible and an idiot on the job, but is that the company's fault? So, where are the grounds for a lawsuit? A staged fall with a lawsuit over the YouTube posting only works if the security guard was in on the staging, too, right?
Some attorney's said the fountain should have a railing. I say, "No. Marrero should watch where she's going."
As for her having a criminal record for other pending charges against her for theft, while that doesn't sound good, it has nothing to do with the what the security guard did (unless, of course, he was in on it).
The woman who was walking while texting through a mall and then fell into a fountain told her local news station that texting while walking is dangerous. She could have walked into a bus, she said. However, she's also armed herself with a lawyer.
Cathy A. Cruz Marrero said that she's been humiliated by the video a mall security guard posted of the mishap to YouTube where it went viral. It's nearing two million hits as I write this post. And that security guard has been fired, relays ReadingEagle. The Atlanta-based company that has the Pennsylvania contract has issued the following statement:
"U.S. Security Associates provides security for Berkshire Mall in Wyomissing, Pennsylvania, where a woman recently fell into a small fountain while texting on her cell phone. The security officer responsible for sharing the video of this incident has been terminated and is no longer with company. U.S. Security Associates does not condone this type of behavior and will work closely with the property owners to ensure processes are put in place to prevent it from happening in the future."WFMZ TV reported the story first and has more details:
The woman who is seen in the video falling into the fountain at the mall came forward Wednesday (January 19) to share her story with 69 News. ... In her first TV interview, Cathy Cruz Marrero said she was disappointed that the guard laughed at her fall when seeing the video rather than coming to her aid.Marrero, who works at the mall, called the guard's actions "unprofessional." He didn't even send anyone to see how she was, she said. She wanted to ball up in bed and cry for days, but the next day she was able to laugh at herself. Still, she does not excuse the security guard laughing about it and posting the video. Even her relatives in Puerto Rico found out about it, she told the TV station.
Here is the security video that went viral below.
ABC's American This Morning anchors also talked about this story, but they didn't laugh as much as the CBS crew. One of its anchors said there's a program Marrero could have used to see where she was going while she was texting.
For me this whole incident gets us back to the issue of privacy in the digital age. As I wrote in my post about concerns over Spokeo.com's invasions of privacy, privacy is a relatively new concept in American culture and we may be returning to an era of having no expectations of privacy. Today, we should always assume in public that someone may be watching us and possibly filming as well.
But that security guard was wrong, and I'm not surprised he's lost his job. It's footage he only had access to due to his job, and so, it was not his to share. He should have performed his guard duties instead of laughing about it, even if it is amusing once you discover she wasn't physically injured (it's almost unbelievable), and then there is the common decency aspect: he didn't think about how the woman felt and what exposing her mishap to the world could do to her.