|
|
|
Litigation Newsletter>
Lawsuits When Computers Err
April 1, 2004
Lawsuits When Computers Err
Errors in computer information and systems have the
potential of bringing harm to people both physically and
economically. People and property can be injured because
important computer systems, such as those used by banks,
hospitals, and utility companies, might be damaged by
inaccurate information.
Different Types of Error
Computer information may be corrupted by either human error
or computer error.
Human error involves:
Faulty data entry
Inadequate programming
Tampering (viruses, worms, disabling mechanisms)
Computer error involves:
Improper design
Defective equipment
Insufficient data checking systems
Computer Use Negligence
In order to prove negligence pertaining to the use of
computers, it must be shown that:
A duty existed to protect users from harm
There was a breach of that duty
Damages resulted because of the breach
Computer Nonuse Negligence
Sometimes negligence may be found when a computer is not
used. For instance, if it was vital for an air traffic
controller to use specific computer equipment that his
superior denied him the use of, any parties who were
damaged might claim that the superior was negligent.
To prove that there was negligence that caused damage
because of nonuse of a computer, it should be shown that:
A computer was available
A computer was offered at a reasonable cost
Failure to use the computer caused damages
© 2004 NextClient.com, Inc. All rights reserved.
|
|
