Woman Falls in Fountain Video: Woman Falls in Fountain While Texting, May Sue Mall

Woman Falls in Fountain Video

WYOMISSIN, Pa. — Is someone liable if a woman is texting and falls in a fountain? Cathy Cruz Marrero seems to think so.

The Pennsylvania woman has been thrust into the public spotlight after a video of her tumbling into a fountain at the Berkshire Mall in Wyomissing went viral on YouTube and Facebook.

Marrero was sending a text message on her cell phone when she fell into the fountain on Jan. 12. She is now threatening to sue after a member of the mall’s security staff allegedly leaked the fall video to the web.

"I’m just like dumbfounded," Marrero has said. "And all I kept saying was, ‘I fell. I fell. I fell in the fountain. I fell in the fountain.’ "

Marrero told ABC’s Good Morning America that her nephew discovered the video on YouTube.

"Nobody called … ‘Are you ok?’" she said of the incident. "It shows in the video nobody went to my aid. It could have been anybody’s mother. It could have been a senior citizen falling … and would they have gotten the same treatment as I did?"

Marrero also has some legal problems of her own. Hours after she appeared on GMA Thursday, she was in court for a status hearing on charges of five felony counts, including theft by deception and receiving stolen property. She was charged in October 2009 for using a co-worker’s credit cards to make more than $5,000 in purchases at two local stores – although $1,055 of those purchases were dismissed from the case in previous hearings.