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<br />A Study 01 GIS fo, the Colo,ado Department of Nalu,al Resources <br /> <br />OcIobe, 9. 1992 <br /> <br />'. <br /> <br />By issuing maps and selling other information products and services, would a state agency <br />assume a duty to invest sufficient resources necessary to achieve what the government and <br />the courts will agree to be proper care? The duty of care depends on the facts of the <br />particular case. However, where the user is induced to rely upon the map, in whole or in <br />part, to a foreseeable decision and subsequent action, then the agency may be held liable. <br />Failure to provide an adequate warning, which creates an unreasonably dangerous <br />condition, can also result in liability. The absence of a contract has often resulted in a <br />fmding that no duty exists in cases of unintentional dissemination of incorrect information <br />that is not defamatory. However, a duty of care has been found to exist without privity of <br />contract in unusual situations leading to personal injury. Dissemination of inaccurate <br />aeronautical charts whose subsequent use resulted in airplane accidents have been treated as <br />strict liability situations. Je.ppeson v. Brocklesbv. 106 S.Ct. 882 (1986). These <br />implication scan be sununarized as follows: <br /> <br />I) Liability is based on the user's justified reliance on the map or other information <br />product's quality for the user's purposes. The map quality and the quality of <br />the mapmaking may be factors considered by a conn. Disclaimers do not <br />automatically prevent liability, but they show that the agency has met its duty of <br />care or defmed where the duty of care is limited. <br /> <br />2) Failure to warn the user that a defect is possible can create liability where the. <br />user is induced to place inappropriate reliance on the map. <br /> <br />'" <br />'. <br /> <br />3) , The objective of a map disclaimer is to alert userS that errors are possible and <br />they need to consider the degree of reliance, appropriate for their purposes. <br /> <br />4) The disclaimer should indicate when the map or other information was <br />compiled, the source material and its nature, and direct the user to that material. <br /> <br />5) Location, style, and size with respect to other elements of the legend should <br />make the disclaimer noticeable to the user. <br /> <br />If there is a contractual relationship between the parties, the extent of the agency's liability <br />for providing inaccurate data should be defined by the express and implied agreements <br />between the parties. This will apply if subscription agreements are used for online access <br />or in the case of database update agreements. Proper disclaimers, inserted into the contract <br />are recommended, as well as disclaimers placed on a particular product Such agreements <br />should also specify that what is being provided under a database subscription agreement is <br />merely a service and not a good. <br /> <br />Applicability of the Uniform Commercial Code to the provision of information is still <br />unclear. As a general rule, Article 2 of the UCC applies only to the sale of "goods" and not <br />to the provision of services. However, it is possible to characterize some information <br />products as goods, not services. Courts have found electricity transmined over wires or <br />natural gas pumped through pipes to be "movable goods" subject to the provisions of the <br />UCC. Electrically transmitted data may also be subject to similar treatment by anMogy. <br /> <br />431.7 <br /> <br />PlanG'aphics, Inc. <br /> <br />13 <br />