Posted on | June 7, 2010 | No Comments
Internet search engine giant Google has been named as a defendant in a personal injury lawsuit by a woman from California. According to the complaint, the plaintiff, Laura Rosenberg, was in Park City, Utah and needed to travel on foot from one location to another. She pulled up Google Maps on her Blackberry and was given directions, which included a half mile journey on Deer Valley Drive, also known as Utah State Route 224. While walking on this rural highway, she was hit by a car.
The woman has sought damages in excess of $100,000, including medical expenses, punitive damages, and pain and suffering. She has also sought recovery from the driver of the vehicle.
In her complaint, the plaintiff alleges that Google Maps provided unsafe directions, which led her to traverse on foot down a dangerous highway with vehicles traveling at high rates of speed.Â Google is expected to argue in its defense that Google Maps contains a warning stating that the walking directions are only in beta, and that the route the plaintiff followed â€œmay be missing sidewalks or pedestrian paths.â€ In response, Ms. Rosenberg has noted that the warning is not available for PDAs or cell phones.
In situations like this, a party will be found liable or negligent if it can be shown their actions failed to meet the standards followed by a reasonable person. In other words, would a reasonable person expect that Google would either (a) not make walking directions available if adequate warnings are also not available, or (b) ensure that appropriate warnings were available for anyone who pulled up the directions.
The determination of what is reasonable conduct is generally a determination of fact, made by a jury. In this case, a jury will have to review all the facts and determine whether Google acted reasonably.
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If you have suffered a personal injury because of the carelessness or negligence of another person, contact the experienced personal injury attorneys at Baxter Gibbs Robison & Henderson. We have protected the rights of our clients throughout McKinney, Frisco, Plano, Allen, and the surrounding communities in Collin County. For a free initial consultation, contact us or call our office at 1-972-562-0266.