Thursday, January 20, 2011

Legal Action from the "Fountain Lady?"

In the past week, a video of a woman falling into a fountain while texting, at the Berkshire Mall, near Reading, PA, has been making its way around the Internet. For those of you who haven't seen it, here it is!



It now looks like she's considering suing the mall management. This is very sad and I don't think she's going to have much of a case as her status as a mall employee will work against her. A jury will believe she should have known that corridor and known there was a fountain in her path. Furthermore, an argument could be made that the only reason she is suing could be to make money where she can easily pay off pending restitution charges in an unrelated case. An analysis of this case brings me to a few conclusions about American politics and society:

1) This is clearly a frivolous lawsuit and by looking at the bigger picture, is clear evidence as to why we need tort reform in the United States.

2) As an educator, I have clearly seen students have an over-reliance on electronic devices, whether smartphones or iPods; so much so that they become oblivious to the world around them. I have always told my students to be cognizant of the world around them, even if walking around, for their own personal safety. Thank goodness this woman was not seriously injured, but it could have been worse. If she either stopped walking or looked around, falling in the fountain could have been avoided. A lesson learned for not only the millennials I have taught, but the adults who still haven't learned.

3) Will this be another reason for malls to remove fountains? I personally like malls that have fountains as it provides an aesthetic touch to the mall and positively contributes to the mall's atmosphere. Many malls have been removing fountains due to rising costs in maintenance and a belief that floor space could be better used for a kiosk. I just hope this incident doesn't give them more incentive to remove fountains.

Assuming it is filed, here's to hoping a wise judge dismisses this ridiculous lawsuit!

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