Can Google maps be liable for negligence?

Q

There is a news report that faulty Google map directions led to a driver's death. Can Google be liable for bad directions? — T.B., Lennox

A

The news reports indicate a gentleman in North Carolina was following Google map directions, and drove over a bridge that had collapsed almost ten years ago. We will have to learn how the evidence plays out. For example, was Google in fact notified of the collapsed bridge, and thus should have updated its directions (if indeed it did not do so)?

Google is not the only party being sued in the tragic case that you reference. Local business people who own the bridge and nearby land also are alleged to have been negligent. I have read that there could have been some fixes to the bridge, but that cost may have gotten in the way.

In evaluating your question, I found online Google Maps/Google Earth Additional Terms of Service. One provision reads: “Actual Conditions; Assumption of Risk: When you use Good 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 Good Maps/Google Earth at your own risk. You're responsible at all times for your conduct and its consequences.”

Bottom line, we will learn more as the case progresses, including if there may be some liability that attaches to Google.

Q

Just how far can a company go in protecting itself from liability? We rented e-bikes, and signed a waiver that seemed to shield the bike store from just about anything that could possibly happen that might result in some injury to us or to the kids. D.H., Huntington Beach

A

The waiver you mention is often referred to as an “exculpatory clause.” This is because it seeks to exculpate the party from being held responsible or liable for harm that arises from a particular activity or product. Such clauses tend to be narrowly construed by the courts, but they are not uncommon and can indeed be enforceable.

Clearly, a number of activities have inherent risks, such as skiing, skydiving, and to at least some extent, riding an ebike. While the company can properly seek to insulate itself from liability for circumstances that cause injury and are foreseeable, or not out of the ordinary, the company is very probably not going to avoid responsibility if you are provided with a bike that turns out to have faulty brakes, or a bike that had a flat tire which blows out. The exculpatory clause will be upheld, if, that is, the events that occur are not so out of the ordinary.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.