Tech company faces negligence lawsuit after Philip Paxson died from driving off a North Carolina bridge destroyed years ago

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17 points

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.

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4 points

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

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7 points

If that person drives off a cliff because they trust a gps over their own eyes, then that’s fully their issue.

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9 points

It was a dark and rainy night and he was following his GPS which led him down a concrete road to a bridge that dropped off into a river

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.

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3 points

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.

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12 points
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2 points

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.

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