Employers liable for employees' cellphone use

Discussion in 'General' started by Right Lane Cruiser, Feb 26, 2008.

  1. Right Lane Cruiser

    Right Lane Cruiser Penguin of Notagascar

    A new culprit in cellphone related accidents...

    [xfloat=right]http://www.cleanmpg.com/photos/data/501/cell_phone.jpg[/xfloat]Donalee Moulton - National Post - Feb. 26, 2008

    Should companies be held accountable for the poor driving decisions of their employees? -- Ed.

    There's a new twist on the old story that went: Driver talking on cellphone has accident. The new line goes like this: Driver talking on cellphone has accident. Employer gets sued.

    There is an issue of liability, explains Russel Zinn, senior partner in Ogilvy Renault's Employment and Labour Law practice in Ottawa.

    "There is a serious potential risk here for employers," he says.

    The legal logic begins with the fact that a driver is at fault for causing an accident, and cellphone use was part of that cause. If the call was made while the driver was on the job or the call was work related, the driver's employer could be held liable for damages resulting from the accident.

    So far, all of the cases on record have taken place in the United States, but the message being sent is pretty clear.

    "The [trend] usually spreads to Canada and the U.K.," says Zinn.

    Among the cases south of the border is that of… [rm]http://autos.canada.com/safetyguide/story.html?id=48e3cfe2-80af-4a60-ace4-67921f8780eb[/rm]


    Thanks for the find, Bruce!

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