| |
|
New CA Cell Phone Laws and Potential Employer Liability |
| |
On July 1, 2008, two new cell phone laws (Veh. Code Sections 23123, 23124) became effective in California. They prohibit cell phone use while driving unless a hand-free listening and talking device, such as a Bluetooth headset, is used. The “push-to-talk” feature (speakerphone) for certain vehicles (e.g. tow trucks, farm vehicles) is permitted. Strangely enough, dialing while driving is not prohibited but the DMV strongly urges against this.
Violations are treated like speeding tickets – a base fine of $20 for the first offense and $50 for subsequent offenses. There is no grace period in terms of ticket issuance. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense may be as high as $76 and a second offense may be as high as $190.
Employer Liability for Employees and Cell Phones
Cell phone use by employees may create liability for employers under the doctrine of respondeat superior. Under this doctrine, an employer may be liable for injuries its employees cause if the act that caused the injury was in the scope of employment, regardless of the employer’s negligence or control over the employee. For example Smith Barney agreed to pay $500,000 to a deceased estate when their employee was attempting to place a business call on his cell phone, dropped the phone, ran a red light, and stuck and killed a man. Smith Barney agreed to pay this sum even though they had no role in the accident, the employee was driving to a non-business related event, and Smith Barney did not provide its employees with cell phones.
As a result of such cases, and these new laws, California employers should implement policies, such as: prohibiting the use of cell phones for business purposes while driving, employees signing an acknowledgement that phones will not be used while driving as well as a release which releases the employer from any related liability; placing warning labels on phones; implementing cell phone safety sessions; providing manuals on proper cell phone use; and providing for disciplinary action for failure to abide by these polices.
Employer liability for cell phone usage is not going away. Instead, employers can limit their liability by being properly informed and creating policies that encourage legal and responsible phone use.
|
Date Posted: 2008-09-24 |
|
