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Does the Woman Who Fell into the Fountain While Texting Have a Case?

Recently, Cathy Cruz Marrero was texting and walking at the Berkshire Mall in Wyomissing when she fell face first into a fountain.  Her fall was captured on camera and went viral on the internet.  Prominent news organizations are now reporting that she has contacted a lawyer about filing a lawsuit against the mall.

At this early stage it appears that Ms. Marrero is claiming that the mall be liable because it failed to have a fence around the fountain and because security guards are heard laughing on the video, rather than coming to Ms. Marrero’s aid.

Is this enough to make the mall liable if Ms. Marrero files a premises liability lawsuit in Pennsylvania?  Without knowing all of the facts of the case, it is hard to say.  For example, we don’t know if Ms. Marrero suffered an injury from her fall.  However, it does appear that she has at least some responsibility for the accident and that perhaps texting and walking can be dangerous just as texting and driving can be dangerous.

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