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dfdsafsadf2 | 2 years ago

The bridge was unmarked and wasn't barricaded. The court can assign partial liability to multiple negligent parties. The __average person__ expects Google Maps to be current, and Google Maps does provide minute-by-minute updates on traffic and road hazards. The __average person__ doesn't expect a paper map to be updated with the same frequency as Google.

Downvote this if you feel that you know the legal standards that apply here, have read the article and disagree.

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gretch|2 years ago

disclosure: I am not a lawyer and I have not studied frameworks associated with NC state. I'm a guy who reads books

You keep describing the "average person", but this is not the framework that most law uses when considering negligence.

Source: Cases and materials on TORTS; Epstein and Sharkey; 11th addition; page 139

"It is sometimes said that the study of negligence is the study of the mistakes a reasonable man might make."

And then there's a lot more text that goes on to talk about what is 'reasonable' and not just 'average'.

Also, just because the average person wouldn't be harmed does not mean a party would not be liable, because there are non-average people like blind people or old people who must be protected.