Use of Google Maps resulted into Fatal Car Crash in Uttar Pradesh
Reliance on Technology leads to fatal accident wherein the technology service provider disclaims the accuracy of its services.
TECHNOLOGY
Diwanshu Arora
12/10/20242 min read
Recently three men died in the state of Uttar Pradesh basis their reliance on the Google Maps wherein Google Maps failed to provide accurate information about the roads and bridges in India. Now the question which arises is that can a navigation app (i.e. Google Maps) be held responsible in case a user gets into an accident?
From the Information Technology Point of View:
1. Disclaimer in the Terms of Service of Google Maps[1]:
Clause 3 of the Google Maps/Google Earth Additional Terms of Service clearly states that a user while using google maps may find that actual conditions differ from the map results and content showed therein and asks the user of the google maps to exercise necessary due-diligence and independent judgment and use of the Google Maps is at the sole risk of the user/individual and the user shall at all times be liable for his/her own conduct and the consequences arising thereto.
This disclaimer is general/standard one wherein the software companies disclaims that there shall be no warranty for the content being accurate , complete and the user using the platform/software shall exercise the necessary due-diligence on his/her own.
2. Consideration as an Intermediary
Section 2 (w) of the Information Technology act, 2000 defines “Intermediary” as a person who on behalf of another person receives, stores or transmits an electronic record or provide any services with respect to an electronic record
Though the map data licensed to google map is from various sources however merely use of the licensed data and then using technological advancement and provide the data to its users doesn’t qualify the google map as an intermediary as with the bare reading of the definition of intermediary there is no third party on whose behalf google map is receiving, storing or transmitting electronic records or rendering services. Google is rendering its services on its own and not on behalf of any third party, so considering it as an intermediary in order to avail the safe harbor will not be justifiable.
From the Consumer Protection Point of View:
1. Deficiency in Services
Section 2(12) of the Consumer Protection Act, 2019 defines deficiency as any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained or under any law for the time being in force or has been undertaken to be performed in pursuant to a contract or otherwise in relation to any service and includes—
i. Any act of negligence or omission or commission by a person which causes loss or injury to the consumer; and
ii. Deliberately withholding relevant information by such person to the consumer.
In accordance with the definition of the “Deficiency”, the complainant can claim that there is fault, imperfection, shortcoming or inadequacy in the quality, nature and manner performance which is required to be maintained/adhered by the service provider (in this case google is the service provider)
Even in case the consumer files a suit in the consumer forum for deficiency in the services on the part of the Google Maps, the major defense which Google Maps will be relying upon will revolve around the below mentioned:--
· Necessary Disclosure on the part of Google Maps and acceptance of the same by the user;
· Google Maps is based on the information received from various third party licenses including Government also;
Now, we have to see if the court accepts the plea on the part of the complainant that t6here was deficiency on the part of the service provider or the defense of google wherein it will be majorly relying on the aforementioned points will be considered.