# Google maps sued for drowning death

**URL:** <https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720>\
**Category:** In My Humble Opinion\
**Created:** [September 26, 2023, 12:58pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720 "2023-09-26T12:58:15Z")\
**Posts on this page:** 20\
**Page:** 13

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [September 29, 2023, 9:36pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/241 "2023-09-29T21:36:19Z")

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The more I’m thinking about it, the more I’m questioning liability OBO the bridge owner, as opposed to the city.

Do I have to put a sign on my driveway telling people not to drive on it if there is a danger? Why should I presume anyone is driving over my private road when they have not been invited?

Meanwhile, cities put up road signs and markings all the time to warn of and enable access to private property. “Hidden Drive” for example. And they warn about deer crossing, tho the city surely does not own the deer. The idea that they ought to warn of this potential hazard by placing a sign - DO NOT TURN, BRIDGE OUT, does not seem terribly unreasonable to me.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [September 29, 2023, 9:44pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/242 "2023-09-29T21:44:15Z")

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> [@DrDeth](#):
>
> That doesnt answer my other questions. And do you have any evidence for that?

I’m under no obligation to answer any of your questions. All I know for sure is that I exist. I “know” it because of the the reporting, the same way I know that the bridge wasn’t there. It might turn out that the reporting was wrong on any number of things but multiple reports is hardly implausible.

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**Author:** ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)\
**Post date:** [September 29, 2023, 9:47pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/243 "2023-09-29T21:47:08Z")

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It’s been pointed out — there is no city. All the streets in the entire area are private.

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**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\
**Post date:** [September 29, 2023, 9:49pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/244 "2023-09-29T21:49:19Z")

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> [@WildaBeast](#):
>
> I don’t think the streets at either end of that bridge _are_ maintained by a public agency. I suspect every street in that subdivision is privately owned and privately maintained, just like the bridge. That may sound strange to some of you, but that’s not an uncommon arrangement in North Carolina, unless things have changed since I lived there.
> 
> When I rode the school bus to school, the the bus was not allowed to drive on any privately maintained roads for some sort of liability reason. That meant there were entire subdivisions the bus was not allowed to enter.

These are great examples of the reasons why privatization is often a terrible idea.

> [@hajario](#):
>
> All I know for sure is that I exist.

I thought for a second I was back in the Free Will thread!

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [September 29, 2023, 9:55pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/245 "2023-09-29T21:55:41Z")

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> [@Dinsdale](#):
>
> Do I have to put a sign on my driveway telling people not to drive on it if there is a danger? Why should I presume anyone is driving over my private road when they have not been invited?

If there is some danger like a sinkhole in your driveway, then yes I’m pretty sure you have a duty to make sure it’s safe. It’s not going to be sufficient to say that if you didn’t invite them then you bear no responsibility. A delivery service or a workman could make a mistake about the address and enter your driveway.

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**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\
**Post date:** [September 29, 2023, 9:59pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/246 "2023-09-29T21:59:54Z")

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> [@Dinsdale](#):
>
> Do I have to put a sign on my driveway telling people not to drive on it if there is a danger? Why should I presume anyone is driving over my private road when they have not been invited?

Depending on the jurisdiction there may be legal obligations for hazards on your property. These may vary for trespassers, licensees, and invitees. A driveway may have additional requirements depending on what it connects to (e.g. a state road).

It’s not far-fetched that there are legal obligations that the driveway has to be safe for emergency vehicles and meter readers, but these may not apply in rural NC.

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**Author:** ![TroutMan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/troutman/32/6721_2.png) [@TroutMan](https://boards.straightdope.com/u/TroutMan)\
**Post date:** [September 29, 2023, 10:02pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/247 "2023-09-29T22:02:34Z")

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> [@Dinsdale](#):
>
> And they warn about deer crossing, tho the city surely does not own the deer.

The “Deer Crossing” signs are to warn the people who are driving on the _public road_ that deer might be on the _public road_. The signs aren’t there for the deer.

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [September 29, 2023, 10:04pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/248 "2023-09-29T22:04:59Z")

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And the “hidden driveway “is to notify people on the public road that a car may come out of it onto the public road , not to help people looking for that driveway.

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**Author:** ![CaveMike](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cavemike/32/16379_2.png) [@CaveMike](https://boards.straightdope.com/u/CaveMike)\
**Post date:** [September 29, 2023, 10:10pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/249 "2023-09-29T22:10:18Z")

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Here’s a similar case against Google from 2011 in Utah:

> [@](#):
>
> In order for Google to have been liable to Rosenberg for negligence, it must first have owed her some kind of duty. (“Duty” is a fundamental concept in negligence law; if you don’t owe someone any duty, then you can’t be negligent in how you perform that duty.)

> **[Google Maps Shows the Path to Avoiding Liability for User Injuries - Warner...](https://www.wnj.com/updates/google-maps-shows-the-path-to-avoiding-liability-for-user-injuries/)**
>
> Keep up-to-date with our most recent news or explore our archives.

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**Author:** ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)\
**Post date:** [September 29, 2023, 10:19pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/250 "2023-09-29T22:19:08Z")

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> [@Babale](#):
>
> These are great examples of the reasons why privatization is often a terrible idea.

I agree in general, but this probably isn’t an example of privatization. Privatization is when something owned by the government is sold to a private entity. Most likely this area was NEVER part of a city.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [September 29, 2023, 11:08pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/251 "2023-09-29T23:08:52Z")

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> [@TroutMan](#):
>
> Is there a reason you doubt that users reported it through the app mechanism?

No. But I wanna know when and how often.

> [@WildaBeast](#):
>
> I don’t think the streets at either end of that bridge _are_ maintained by a public agency.

And that is why they are suing Google. They dont have the Money, Google does.

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**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\
**Post date:** [September 30, 2023, 12:33pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/252 "2023-09-30T12:33:46Z")

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> [@suranyi](#):
>
> All the streets in the entire area are private.

Sorry - I missed that. Would be unusual up here - other than in a few gated communities. So, is the private entity that owns the streets different fro the private entity that owns the bridge - and potentially liable under my theory?

I came up with another one - guard rails. I’ve heard of governments being liable for missing of improperly maintained guard rails, should someone drive off the road. Is that analogous to preventing someone from driving off the non-bridge?

And do municipal police patrol those private streets? If they do, and were aware of this huge honking hazard, and the government failed to take steps to securely close the road… Heck, up here if you let your lawn get long enough, the city will mow it and send you a bill!

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**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\
**Post date:** [September 30, 2023, 1:33pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/253 "2023-09-30T13:33:09Z")

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Does the city ever get sued for _not_ requiring someone to mow their private lawn?

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**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\
**Post date:** [September 30, 2023, 1:52pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/254 "2023-09-30T13:52:22Z")

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How does a person drown in that? Unconscious? Car flipped over? It looks maybe two feet deep and 8 feet wide.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [September 30, 2023, 2:28pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/255 "2023-09-30T14:28:57Z")

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Update:  
I looked at the area in Google Maps and it looks like Google has removed the bridge as a road. Them now admitting it is not a road, how does that affect the lawsuit? And I’m still curious what is Google’s expectation of “due care” when trusting their maps.

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**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\
**Post date:** [September 30, 2023, 2:39pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/256 "2023-09-30T14:39:05Z")

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WAG: that would be excluded from evidence as a “subsequent remedial measure.”

> **[Rule 407. Subsequent Remedial Measures](https://www.law.cornell.edu/rules/fre/rule_407)**

ETA: they’re in North Carolina state court, but the rule is the same:

> **[GS\_8C-1,\_Rule\_407.pdf](https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_8C/GS_8C-1,_Rule_407.pdf)**
>
> 4.65 KB

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [September 30, 2023, 3:34pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/257 "2023-09-30T15:34:56Z")

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Google’s terms and conditions make it very clear that they are providing a service with no warranty or guarantee of fitness for purpose and that the consumer is wholly responsible for their own safe use of the services.

Whether or not those terms will stand up in court remains to be seen, but Google quite explicitly states the app doesn’t guarantee any kind of safety.

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**Author:** ![SoToasty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sotoasty/32/2803_2.png) [@SoToasty](https://boards.straightdope.com/u/SoToasty)\
**Post date:** [September 30, 2023, 3:58pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/258 "2023-09-30T15:58:44Z")

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When I was a teenager, I was in a similar accident. It was winter, on an portion of a road that was sheltered from the sun and was therefore covered in ice. I slid off a bidge (back roads in arkansas) with no rails. I do not remember falling the about 15 feet to the creek below. When I woke up, I was laying on the inside roof of my car, in about a foot of water, I was not wearing a seatbelt.

Saying all of that, I can see someone upside down hanging in a seatbelt, not being able to get out and drowning.

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [September 30, 2023, 4:48pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/259 "2023-09-30T16:48:03Z")

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> [@enipla](#):
>
> It looks maybe two feet deep and 8 feet wide.

I can’t find anywhere as to how much it had rained that day/night, but a good rain can easily fill a creek bed with a whole lot more water than was shown in the picture posted upthread.

And if you’re upside down, it may not be possible to release your seatbelt without some extreme contortions.

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [September 30, 2023, 6:18pm UTC](https://boards.straightdope.com/t/google-maps-sued-for-drowning-death/990720/260 "2023-09-30T18:18:50Z")

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Or without a seat belt, going off that broken bridge might get you pitched forward and knocked unconscious, then the car continues tipping over and lands upside down in the water.

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