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Family sues Google after Maps allegedly directed father off collapsed bridge
(www.theguardian.com)
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this post was submitted on 21 Sep 2023
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Well it seems clear who is actually to blame here.
Seems like most of the blame goes there but
It's collapsed a decade ago and they've even tried to get Google to mark it so on their maps, unsuccessfully. Google must have some responsibility to the maps and routing.
No they don't. Christ 🤦♂️.
It's 100% on the local government to handle that shit. There are hundreds of sources for map data and I bet you most of them aren't up to date.
Google Maps gave incorrect routing advice resulting (on their part) in a person's death. It was a decade out of date, it had been brought to their attention and they did nothing. They still used that data in their routing. Obviously they have some sort of responsibility here imo.
Idk why you think I'd think differently if it was some other company, routing provider etc. If it was a municipal roadside map that showed that you're free to drive off that bridge then it would be the same. Or even a private roadside tourism map.
Nope.
If the bridge had collapsed a few hours ago. No one would know. Due to this being a real risk. Just like anyone reading an older paper map. The driver of any car is entirely responsible for looking where they are going. Not some 3rd party navigation source.
Evidence that google is crap. In no way shape or form makes them legally responsible for your visual attention while driving. You are.
And google has faced these cases in a number of nations. Through out the erly addoption of GPS navigation in the 2000s. We saw many cases of folks driving into lakes and rivers. Because they were stupid enouth to trust the GPS system. Rather then use the minimal common sense of watching where they are driving.
Google map quest and all others never faced and requirement to take responsibility for drivers inability to drive.
After a decade. The local authority bears responsibility for failing to signpost. Or hell fix th fucking bridge. But even then nope if your driving, how long its been down. In no way relieves you of the standard job. Of watching where the hell you are going. Just means the local auth need to lose there jobs/ 10 years ago.
Guess what. Old folks crossing the road and falling over. Can happen with little notice. But if you come around a corner. And are not paying attention to the road. The fact that a little old lady fell and knocked herself out. Guess who is legally responsible for failing to drive safly when you crush the poor ladies head.
As someone with mobility and vision issues. Who is at high risk of losing my balance when travelling. It really fucks me off how many drivers fail to realise. They are responsible for driving a multi ton potential killing machine. And share the environment with the whole of society.
As soon as they abdicate that responsibility. Thay are basically saying people like me must remain locked in our houses.
You're expectations of Google would be like demanding that the map company who printed maps must provide a free, updated map every time that the roads change. Life doesn't work that way - sometimes people need to take responsibility for their own stupidity.
NAL, but I think part of it is that Google does update its map regularly (you see the latest edition whenever you access it online)
Where Google arguably failed was, despite having a system to report discrepancies which people used for this collapsed bridge, Google failed to make the routing changes that could be reasonably expected by 5+ years. They could have used some combination of satellite images, user reports, the Google car etc.
Even if you were to compare it to paper media: If you published a new edition twice a year, you had incorrect information, people reported it to you yet you still failed to correct it for 10+ editions and it causes harm to someone, then as a publisher you may be liable.
If I buy a map I don't just drive down the road not looking out the window. The bridge could have washed out that night I would never expect a map to cover that a map is for planning a route...I would be pissed off that it had led me down a dead end and I had to stop and turn around so I might ask for money back on the map but the death and driving off a road is not on the map
Well duh
Not their problem. You can expand your definition of liability ad-nausium.
Please refer to the Google Maps Terms of Service: https://www.google.com/help/terms_maps/
By using the service, every user agrees to these terms.
Section 3:
Actual Conditions; Assumption of Risk. When you use Google Maps/Google Earth's map data, traffic, directions, and other content, you may find that actual conditions differ from the map results and content, so exercise your independent judgment and use Google Maps/Google Earth at your own risk. You’re responsible at all times for your conduct and its consequences.
As your own link states:
Ironclad is not a law firm, and this post does not constitute or contain legal advice. To evaluate the accuracy, sufficiency, or reliability of the ideas and guidance reflected here, or the applicability of these materials to your business, you should consult with a licensed attorney. Use of and access to any of the resources contained within Ironclad’s site do not create an attorney-client relationship between the user and Ironclad.
You can't just guide someone off a cliff and say "hey, I said I wasn't sure if that's the route, so I have zero responsibility". The idea that that terms of service absolve them of any part in it is just lol
If that person drives off a cliff because they trust a gps over their own eyes, then that's fully their issue.
I think that might've hampered his ability to see well. Not sure how visible the drop off is in general, not to mention on a rainy night, so it could look like everything is fine and then the bridge just drops off to nothing, so it isn't necessarily a simple case of "should've stopped if he couldn't see" either.
In any case, even though the "issue" is undoubtedly his since he died and if you mean responsibility then of course everyone is responsible for their driving. I'm just saying that (imo obviously) there's other parties responsible here too. Municipality/landowners for not fixing, marking etc the bridge so this doesn't happen. Driver for their part in the actual driving and decision made during it. But also Maps for the routing and not fixing the map even though they were informed of the issue. Since we don't know the specifics it's impossible to say specifically how much each part contributed, but I'd say most of the responsibility is on the municipality.
I agree entirely. The local authorities should clearly block off and indicate hazards like this.
the headline only mentions google, because that's the sensational part, but the article mentions that the suit does name other defendants. yes, more than one party is culpable. this death required several parties being negligent in order to pull off.
Huh? I mean I'd argue that the local authorities have the most responsibility in this case. I don't really think google is too responsible here. I guess you could make an argument that people tried reporting it but ultimately the local authorities should have clearly blocked it off. It's really no different than using an old physical map; it shows you the way but things change so you always need to use discretion. I can't count how many times I've followed my GPS only to be blocked by construction or something along those lines. In those situations, there needs to be clear signage or a barricade which is basically what I'm arguing is applicable here.
i seriously doubt that he saw that the bridge was out, and then chose to trust the gps anyway. you're attacking a straw man, and the real man isn't even alive to defend himself. every time you go around a blind corner at more than 5kph, you're trusting that nobody built a brick wall across the roadway since your last visit. it seems far more likely that, due to the particular geometry of the situation and the generally poor visibility noted in the article, that he did not realize until it was too late.
Well yeah, in the article it says that visibility was bad. I was more just making the point that discretion is important when using a GPS. That said, I'd say that the local authorities fucked up the most. A bridge collapsed a decade ago and it's not blocked off? It should be obvious that you can't drive that way.