Via Linked In
Posted by
Google Maps Killed 3 Persons in UP?
Is Google LIABLE?
Relying on Google Maps to reach a wedding venue proved fatal for three men after the GPS wrongly led their car to an unfinished bridge, where it fell into a river in Uttar Pradesh’s Bareilly.
Arguments Supporting Accountability –
1. Negligence in Providing Incorrect Directions
•Duty of Care: As a service provider, Google Maps owes a duty of care to its users to provide accurate and reliable navigation information.
•Breach of Duty: If Google Maps directed the driver to an under-construction bridge that was not marked or flagged as unsafe on its platform, it could amount to negligence.
•Causation: The accident occurred due to reliance on Google Maps, directly linking the service’s guidance to the harm caused.
2. Violation of Consumer Protection Act, 2019
•Google Maps is a “service” under Section 2(42) of the Consumer Protection Act, 2019, making it liable for any deficiency in service under Section 2(11).
•If the information provided is outdated, incorrect, or misleading, a consumer could claim damages for harm caused due to reliance on the service.
3. Intermediary Liability under IT Act, 2000
•Google Maps may be classified as an “intermediary” under Section 2(w) of the IT Act, 2000.
•While intermediaries are typically exempt from liability under Section 79, this immunity is conditional upon due diligence.
•Failure to update critical information such as road safety conditions or ongoing construction could amount to negligence, voiding this immunity.
4. Failure to Use Localized Information
•If Google Maps failed to incorporate real-time updates about the road conditions despite being technologically capable, it may face scrutiny under Section 43A of the IT Act, which mandates reasonable security practices.
5. Public Safety Obligations
•Under Indian law, service providers have a responsibility to ensure public safety. Failing to provide accurate navigation in potentially hazardous situations could be argued as violating Article 21 (Right to Life) by indirectly endangering lives.
