But is that warning enough to divorce the company from liability for these so-called, “high speed selfies”? Should it have known that people were going to use (and in fact were using) the filter to record themselves driving fast behind the wheel?
A car accident lawsuit filed recently in Georgia asserts that company should be held responsible to compensate for injuries caused by an 18-year-old driver who used the filter while allegedly traveling 107 mph. Plaintiff alleges the company “motivated” younger drivers to use the filter while driving by doling out points for using the app, encouraging use during everyday activities – like driving.
The young driver and the friends in the car with her have argued instead that it was plaintiff who drifted into their lane, causing her to lose control of the vehicle.
Plaintiff says as a result of the crash, he suffered severe traumatic brain injury and was hospitalized for five weeks. A former Uber driver who had just started his shift at the time of the crash, he has reportedly been unable to return to work.
An accident reconstructionist reportedly determined that at the time of the crash, defendant driver was traveling at 107 mph. Shortly after the crash, as the teen lie on a stretcher, in a neck brace and with blood dripping down her face, she snapped another photo. That one she captioned, “Lucky to be Alive.”
The case is interesting not only for the fact that it once again underscores the dangers of distracted driving (which largely involves people who refuse to put down their smartphones), but it also highlights a new push to recognize distraction as a danger akin to drunken driving. Cases like this will continue to crop up if we treat providers of this technology the same way we do bars under state dram shop laws. Licensed establishments that serve alcohol can be held liable in some cases for serving to minors or those who are known to be habitually addicted to alcohol. Plaintiffs here are seeking accountability from Snapchat here in the same way.
Founder of Mothers Against Drunk Driving and also of a new organization called Partnership for Distraction-Free Driving, Candace Lightner, called distracted driving a killer that is still socially acceptable.
Snapchat awarded users “trophies” for using the speed filter, but never expressly offered trophies for high speed driving. The app itself displays the warning not to Snap and drive.
The local Georgia police department handling the case has not charged the teen driver with speeding because, a representative says, there were conflicting reports about how fast she was driving. The agency is investigating that aspect as well as whether she was using social media while driving and also whether plaintiff may have violated the law by changing lanes without signaling.
Petitions on Change.org have called for Snapchat to nix the speed tracker. The company has not at this juncture given any indication that it would do so.
If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.
Additional Resources:
Snapchat at 107 MPH? Lawsuit Blames Teenager (and Snapchat), May 3, 2016, by Katie Rogers, The New York Times
More Blog Entries:
Moreno v. City of Gering – Government Liability in Bus Accident, April 27, 2016, Car Accident Lawyer Blog
The post Car Accident Lawsuit Names Snapchat as Defendant first appeared on SEONewsWire.net.]]>Dementia training, open dining halls put bullying at bay in senior living
By Robin Hocevar
| Zero tolerance policies for bullying may be starting as early as kindergarten, but the problem appears to be just as rampant at the other side of the life spectrum: senior living facilities.
According to a pilot study presented by Robin P. Bonifas, PhD, MSW, at the 6th Annual Spring Geriatric Mental Health & Aging Conference, 27 out of 29 residents were able to describe an incident of bullying or negative social interaction since moving into senior living facilities and others had witnessed such events. Late-life bullying was uncovered in senior centers, adult day health centers, senior housing, retirement apartments, and nursing homes in the study. “Whenever you have a group of people together, it’s going to be a human failing,” rationalized Sarah Greene Burger, MPH, RN, FAAN. “It’s especially true if you talk about children because they’re vulnerable and it occurs with all adults out in the world too. It doesn’t seem as concentrated because we’re out and about so these things get dissipated. If bullying is going on at work, you go home at the end of the day. You have to always assume it’ll happen and be prepared to look out for those who are most vulnerable.” Greene Burger continued that today’s senior citizens are the first generation living in a whole new institutional level, as previous generations have been cared for my family members. Far from just writing off the problem as old-age crankiness, she warned that the consequences of bullying in senior care can be deadly. Assessing for Self-Care Deficits “Nurses can show concern for what’s causing a resident to sink to the bottom of the social pecking order and help make the person’s life easier,” she advised. “For example, many older people go through a self-care deficit phase where hygiene may be neglected and body odor is the results. Even though they’ll be resisted, nurses should ask these residents how they can help them with their bathing.” For complete article go to: http://healthcare-executive-insight.advanceweb.com/Long-Term-Care/Features/Articles/Mean-Old-Girls.aspx?utm_medium=email&utm_source=Act-On+Software&utm_content=email&utm_campaign=E-Newsletter%3A%20Reducing%20Dementia%20Risk&utm_term=More%20…&cm_mmc=Act-On%20Software-_-email-_-E-Newsletter%3A%20Reducing%20Dementia%20Risk-_-More%20… |