If your employee injures someone because he or she was using a cell phone to conduct business while driving, you may be liable for damages. Consider the following:
In 2004, an attorney hit and killed a teenage girl while using a cell phone to conduct firm business. Phone records from the attorney’s firm reportedly showed that she was making work-related calls using her cell phone at the time of the accident. Fearing an enormous jury verdict, the law firm ultimately settled with the victim’s family.
In 2007, International Paper Co. settled a personal injury lawsuit for $5.2 million with woman who lost her arm after being rear-ended by one of the company’s employees. The employee was driving a company sedan and using her company-issued cell phone at the time of the accident.
A strong defense for employers to protect against liability is to adopt and implement written policies that effectively ban the use of mobile devices for work-related purposes while driving — and ensure that these policies are adequately communicated to employees.
In addition to policies and procedures, employers will be well served by demonstrating that they have created an office culture that condemns this kind of reckless behavior.
Too many business owners have been lax about instituting or enforcing bans on their employees’ use of cell phones while driving, essentially choosing productivity over safety. The results have proven deadly. Recent court decisions are sending employers a message: adopt stricter cell phone policies or be prepared to pay.
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Business Owners Beware! Cell Phone Liability
If your employee injures someone because he or she was using a cell phone to conduct business while driving, you may be liable for damages. Consider the following:
In 2004, an attorney hit and killed a teenage girl while using a cell phone to conduct firm business. Phone records from the attorney’s firm reportedly showed that she was making work-related calls using her cell phone at the time of the accident. Fearing an enormous jury verdict, the law firm ultimately settled with the victim’s family.
In 2007, International Paper Co. settled a personal injury lawsuit for $5.2 million with woman who lost her arm after being rear-ended by one of the company’s employees. The employee was driving a company sedan and using her company-issued cell phone at the time of the accident.
A strong defense for employers to protect against liability is to adopt and implement written policies that effectively ban the use of mobile devices for work-related purposes while driving — and ensure that these policies are adequately communicated to employees.
In addition to policies and procedures, employers will be well served by demonstrating that they have created an office culture that condemns this kind of reckless behavior.
Too many business owners have been lax about instituting or enforcing bans on their employees’ use of cell phones while driving, essentially choosing productivity over safety. The results have proven deadly. Recent court decisions are sending employers a message: adopt stricter cell phone policies or be prepared to pay.
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