An LA woman recently sued Google, reportedly, after she was struck by a car on State Route 224 in Salt Lake County, Utah. The woman alleges that she followed directions that were given to her on her blackberry through Google Maps, and that those instructions led her onto a roadway where vehicles travel at a "high rate of speed" and there are no pedestrian sidewalks. The lawsuit alleges that Google failed to warn the Plaintiff of the known dangers of the roadway. The suit also included a claim against the operator of the vehicle which struck her.
While a lawsuit of this type sounds outrageous on its face, the application of general principles of negligence reveal that such a cause of action is not far fetched. Generally, the manufacturer or creator of a product (in this case Google Maps), has a duty to make the product safe for the end users, as well as for its intended use. If some component of such a product creates a foreseeable harm or danger to the end user, the creator or manufacturer must provide adequate and appropriate warnings concerning the products' use. (link to CRUW product liability)
In this case, the end user of the product, the Plaintiff, merely alleges that Google Maps failed to warn her of the absence of sidewalks as well as the fact that State Route 224 contains motor vehicles traveling at high rates of speed. She further alleges that, had such warnings been given, she may have chosen a different route or path.
Obviously, common sense also comes into play when we discuss such liability. In this regard, the Plaintiff will have to explain to the judge or the jury her reasoning for proceeding by foot in an area where there were no pedestrian sidewalks. This explanation, or the lack of the woman's common sense, will be weighed against Google's alleged failure to provide appropriate or adequate warnings. Under NJ law, the woman's cause of action against Google would be barred if her improper actions rose to a level higher than the improper actions of Google. In this case, it is fair to say that a majority of individuals reading this blog would agree that her indiscretion walking on a highway without a sidewalk should negate any liability on behalf of Google. However, under our legal system, that would be up to the judge and jury to ultimately decide at a trial after ALL the facts and circumstances are made known.
Regardless of your opinion on this matter, one thing is clear: the attorney for the woman is exploring every avenue in order to properly and effectively represent his client in an effort to look for any and all individuals and all companies which may be responsible for the personal injuries suffered. If you are injured, you should ensure your rights are sufficiently represented.
