On November 23, three men passed away after their taxi fell off from an incomplete bridge in Uttar Pradesh’s Faridpur. Media reports indicate that the victims relied on Google Maps for navigation from Dataganj in Budaun to Faridpur via Khallpur.
While some argue that Google Maps should be considered a service under the Consumer Protection Act 2019, others point out that it’s excluded because it is free of charge
On November 23, three men passed away after their taxi fell off from an incomplete bridge in Uttar Pradesh’s Faridpur. Media reports indicate that the victims relied on Google Maps for navigation from Dataganj in Budaun to Faridpur via Khallpur.
Unaware of the bridge's condition, the car fell into the Ramganga River. Now, four engineers of the Public Work Department and the regional officer of Google Maps have been booked by the police with regards to the incident. While the name of the Google Maps officer is not in the FIR, reports indicate that he is being investigated.
A spokesperson for Google said that they are closely working with the authorities. “Our deepest sympathies go out to the families. We're working closely with the authorities and providing our support to investigate the issue,” a company spokesperson reportedly said.
Faridpur Circle Officer Ashutosh Shivam told PTI that the bridge didn’t have any warning signs or safety barriers. Now, a discussion that has started is: who is accountable for the accident? Google Maps for the navigational errors or the government for not giving any warning signs?
Some experts have highlighted that the local authorities are responsible for ensuring safety on roads and issuing warnings about hazards. They add that the government is primarily responsible for ensuring that roads under construction are blocked off properly and that drivers are warned. If the authorities failed to block off the area or issue proper warnings, they would bear more responsibility.
So, what role does Google play?
From a legal standpoint, we need to look at the disclaimers and conditions in the terms of service for Google Maps, said Sunil Jose, founder and principal attorney, Sun Legal.
“Google Maps is essentially a navigation assistant, not a definitive guide. They explicitly state that they are not responsible for mistakes in the routes provided. If the case were to go to court, it would likely start with the terms and conditions, and it would be challenging to hold Google Maps liable given that users have accepted these terms,” said Jose.
Further, experts have pointed out that Google Maps is not a government-provided service, and users still have to rely on their judgment when driving.
Is this something that will fall under the Consumer Protection Act 2019? The intent of the act is to protect and enforce the rights of the consumer. While the Act might apply in some cases, it’s not straightforward.
“Google Maps is a service, but it’s not a typical service in the traditional sense. Users rely on it for information, but the app is not providing a physical product. It would be difficult to argue that someone using Google Maps could be classified as a 'consumer' under the Act,” added Jose.
Another reason for its exception is the fact that the Consumer Protection Act of 2019 excludes “services rendered free of charge".
“Whether Google Maps qualifies as a service under the Consumer Protection Act (CPA), 2019 is a question that would need to be deliberated upon by a competent forum,” said Himanshu Bagai, Partner, Saikrishna & Associates.
What is interesting here is that some argue that Google Maps is a service under the CPA. “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),” said Prashant Mali, President & founder, Cyber Law Consulting. The act highlights that "service" refers to anything provided to users, excluding free services and personal services.
Mali further mentioned that the Haridwar District Commission. recently highlighted that free services are also covered under the act.
Another area where Google can be held accountable is under the IT Act, 2000, that deals with cybercrime and electronic commerce. “There is a provision in Section 43A of the IT Act that requires entities to implement reasonable practices for data security and accuracy. If it can be proven that Google Maps was negligent in maintaining accurate data or security, despite having the technological capacity to do so, they could be held liable,” added Jose. Section 43 of the act highlights penalties for failure to comply with the provisions of the act, which include hacking, failure to maintain records, and others.
Interestingly, this isn’t the first time that a case like this has come to the limelight. An example of the same is the Rosenberg v. Harwood judgment in the USA in 2011. “In the case of Rosenberg v. Harwood, which was decided by the District Court of Utah, USA, a similar plea was taken, which was rejected by the court qua Google Maps liability,” said Sanya Sud, Partner Designate at Saraf and Partners.
The case was filed by a woman who used Google Maps for walking. Following this, she was hit by a car as she was led to a busy highway by Google Maps. Post this incident, the woman decided to sue the tech giant and the driver who hit her in the US District Court. However, the court in its ruling highlighted that Google didn't do anything to the woman as they didn’t have a direct legal relationship.
There have been several times when users have complained about being given wrong directions by Google Maps. Several people have complained that the direction shown on Google Maps shows a longer route. Media reports from May this year indicated that a tourist car from Hyderabad fell into a canal in Kottayam, Kerala, after Google Maps provided an incorrect route. Additionally, in October 2023, two young doctors lost their lives after their car fell into the Periyar River. The police reportedly said, “The visibility was very low at the time due to heavy rains. They were following a route shown by Google Maps. But it seems like instead of taking a left turn as suggested by the maps, they mistakenly continued forward and fell into the river.”
After this, the Kerala police reportedly released a statement and mentioned, “Google Maps may lead to impassable roads with overflowing streams, landslides, fallen trees, narrow roads, and dangerous roads where smooth movement is not possible.”
Now the pertinent question that arises is: What can Google do? Experts indicate that Google should definitely collaborate more closely with government authorities. There should be a mechanism in place where Google receives real-time updates on road conditions, especially for areas under construction or road closures. “The government regularly issues notices about such changes, and Google should ensure that this data is reflected in real-time on its platform,” added Jose. In a world that is constantly dominated by technology, it becomes pertinent to observe the intersection of technology in our daily lives and how it takes shape.