Blog

Employers Beware: You Can be Held Liable for Injuries Caused by Employees Conducting Business from Cell Phones While Driving

Posted on December 13th, 2010

The use of cell phones while driving is quickly becoming as, if not more, dangerous than driving while under the influence. Cell phone technology creates the ability to conduct business anywhere, anytime—employees can send and receive calls, texts, emails, documents and research as if they are sitting in their office.

Before the emergence of this multitasking ability, the doctrine of respondeat superior shielded employers from being vicariously liable for torts committed by employees not acting in the course and scope of employment. Thus, an employer could not be held liable for accidents caused by employees while driving to and from work because they were not engaged in business-related activities. However, there is now an emerging trend across the country that changes this point of view. An employer can now be held liable, under respondeat superior for injuries caused by employees who use their cell phones to conduct business while driving even outside of regular business hours.

Additionally, a direct negligence claim can be asserted against employers since they have a duty to exercise reasonable care whenever their employees are acting within the course and scope of employment. This claim would especially be appropriate where employers encouraged the use of cell phones for work-related purposes or the employer knew or should have known employees were working while driving and failed to stop the conduct.

A claim will succeed under these theories if the injured party can prove the driver was on the cell phone when the accident occurred, the driver was using it for work-related purposes, and the use of the phone caused or contributed to the accident.

Many people do not appreciate the danger cell phone distractions cause. Recent cases have shown that employers choosing productivity over safety leads to deadly results. Courts are responding by awarding large amounts in damages against employers. This should encourage employers to implement and enforce cell phone use policies.

For more information on Business & Commercial Law, please contact us.