Corporate liability for mobile phone distractions

National PostInteresting article in the National Post today by Howard Levitt on the legal implications of having employees who are distracted while driving.

He writes that the various provincial bans on calling and texting while driving will likely increase the risk of liability for employers, by making it that much easier for a court to link careless driving to illegal use of a cellphone.

Employers can be sued for accidents caused by employees driving while taking a call or texting a customer or the office. This is a risk whether or not bans are legislated.

His article has suggestions on how to manage the risk through such measures as:

  • introduction of formal policies
  • training
  • remove expectation of dealing with calls and emails while on the road.
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