What's Next, GPS Liability?

By Eric Sinrod, 

(January 15, 2008) - An automobile driver recently was held responsible for crashing a rental car into a train after following global positioning system (GPS) instructions that put his rental car onto the train tracks. This raises the specter of automobile drivers pointing the liability finger at GPS providers and filing lawsuits against such providers when GPS instructions are not accurate.

The facts of the particular rental car-train crash were reported at LoHud.com (The Journal News for New York's Lower Hudson Valley) on January 3. A California computer technician who was visiting the East Coast followed the car's GPS instructions which told him to turn right as he was crossing railroad tracks. He was trying to get to a parkway shortly beyond the tracks.

As the driver crossed the tracks, the car become stuck and could not move. The driver tried but failed to reverse the car off of the tracks. Ultimately, he left the car.

The driver witnessed an oncoming train. He waved his arms, trying to stop the train. However, the train was not able to slow down enough to avoid a collision. The train smashed into the car. Although nobody was hurt, hundreds of passengers were delayed for two hours, and a number of other trains were cancelled or delayed in the wake of the accident.

Because of the collision, the rental car, the train and more than 200 feet of the electrified third rail of the tracks was damaged. The rental car driver was issued a summons and is being held liable for the damage to the train and track.

Does the rental car driver have recourse as against the GPS provider? What if the instructions provided to him were not accurate in terms of his intended destination?

While enough is not known as to whether the GPS instructions in this particular instance were accurate, the question still remains, because, even though GPS instructions are of great value and often are correct, they are not perfect.

I recall one instance, when I had rented a car in Florida, that the GPS system told me that I arrived at my destination, when in fact, I was still in the middle of a highway with about another half-mile to go before arriving. It was a good thing that I did not assume I had arrived and simply stopped in the middle of the highway!

I remember another time when I was trying to get to a gym for a youth basketball tournament, and the GPS instructions concluded my route by leaving me at the end of a cul de sac facing a field with no gym anywhere in sight. No harm, no foul, as on my own I found the gym a few miles away.

But getting back to the question, what happens if following GPS instructions leads to an accident and damage?

While a driver might argue that he or she paid for a service, is entitled to rely upon the accuracy of the service, and can seek to hold the provider of the service responsible if the service does not perform properly, a GPS service provider would have counter-arguments.

First, the written contractual materials, and the click-through materials to operate a GPS device, would likely disclaim any responsibility in this scenario and would require the driver to ensure that his operation of the vehicle was safe wholly apart from whatever the GPS device tells him or her to do.

The question then would be whether this would be considered a bargained for and enforceable contractual provision, or whether it would be considered an unenforceable "adhesion contract." That would be for a judge to decide.

Second, separate from contractual terms, a GPS service provider could argue that it was not too long ago that GPS devices were not available to drivers. Indeed, to this day many drivers do not use such devices. Thus, for decades and even now drivers must independently figure out how to get to their intended destinations. Accordingly, just because a GPS now might provide some assistance, it is unreasonable to allow a driver to fob off all responsibility on the GPS provider.

On the other hand, and when it comes to legal matters there always is another hand, a GPS device, when operational, at a minimum, is very distracting, and at most, is quite commanding. When a driver is in unfamiliar territory, is given explicit directions by a GPS device, and then must make a decision in a split second as to what to do, it might not be unreasonable for the driver to rely upon the GPS instructions.

As technology advances, the law follows. It would not be surprising to this writer/lawyer to see GPS cases going forward that will map out (pardon the pun) this area of the law.

Communications

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