Saturday, January 5, 2008

Going Loco-motion from Wrong Info-rmation

In New York, a computer consultant driving a rental car drove onto train tracks, with the train barelling towards him using the instructions his GPS unit gave him. The GPS advised him to turn right, when he did, his car got stuck on the tracks. In any case, the man barely got out and frantically waved to the train's driver before stepping away when the train slammed onto his car. The car was pushed more than 100 feet during the fiery crash. Some 500 train passengers were stranded for more than two hours during the evening rush hour. The accident also heavily damaged 250 feet of rail. http://www.msnbc.msn.com/id/22493399/

Shouldn't there be a law that prohibits passing over traintracks? Or is there only a traffic horizontal pole that lifts when there is no train and bars you when a train is coming?Who should be liable? The GPS cannot tell of traffic updates much less a train coming. Assuming, it is illegal to pass over tracks, didn't it give wrong information by suggesting turning right to go over the tracks? But the man could have seen that he was going over the train tracks and the train coming. So between the two tortfeasors the man and his GPS(provided and maintained by the government), who is liable? Maybe the last clear chance can apply and the car driver can be held responsible for the damages. In these circumstances, one cannot really claim under fortuitous events or in cases of airline navigation where the pilots only have to rely to air traffic controllers. Vehicles still have drivers who have their full faculties like sight to drive safely.

I mistakenly assumed that GPS was like internet where you pay to be logged on. I found out that it is a satellite service provided and maintained by the government, and the only thing you have to buy is the receivershttp://www8.garmin.com/aboutGPS/. The receivers' manufacturers are the ones who probably pay the government for the service if the government charges fees.

I had thought that when there are errors in your GPS information, you can easily sue your specific provider, which is a provate company for tort or damages. Well it looks like there are still issues over who is ultimately liable. It can be the receiver manufacturer or the GPS provider. This adds more issues to fight over and parties to join in Reckless Imprudence and Tort cases. If it is the government, then goodluck to poor countries like us if GPS is provided, the government can hardly pay up on allocated expenses how much more on unforeseen ones.

On a similar note, can I hold yahoo liable for the wrong answers it provides to my questions? These wrong information may cause me emotional distress too if it is related to an illness or even if otherwise. In fact, one company in the US, Chacha which used to be internet based now moved to cellphone searches made by real human guides and not merely relying on automated replies. For now it is free but they plan to charge subscription fees later on. Can I not only hold them liable under tort but also criminally if the human guides do commit criminal acts by providing me with wrong answers? We pay for their wrong information, shouldn't the providers also pay for damages done to us?

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