Attention all employers, did you know that if an employee is in a cell-phone-related car crash while on the job you are liable? According to Attorney Todd Clement, the law of respondeat superior, which is followed in most states, says that an employer is legally responsible for the negligent acts of its employee committed while that employee is in the course and scope of his/her employment. This is called derivative liability.
In addition, an employer can be independently liable for failing to have proper cell phone or texting while driving policies or failing to enforce those already in place. This is called direct liability and can give rise to punitive damages if the company is also found grossly negligent, meaning the company knew the risks involved and proceeded with conscious indifference to the rights, safety and the welfare of others. Clement says the best way to protect employers, employees and the public is through a combination of policy, education and enforcement. Read the full story here.
A Blog From the American Society of Safety Engineers
