Driving Distracted While In Your Employ: Liability Involving Cell Phones

This article provides an overview of potential liability to an employer arising out of employee cell phone use while operating a motor vehicle. It briefly describes cell phone technology and reviews in relevant part several prominent studies on the topic. Illustrated for comparison purposes are various statutes and legislative enactments or proposals addressing cell phone use in motor vehicles, as well as common lawprinciples generally applicable to the same. Finally, considerations are identified to assist an employer in an analysis of the degree of risk imposed by employee cell phone use, a decision whether to implement a cell phone policy, and a determination of the content of any such policy.