Q: I own a small company and provide cell phones to employees who work in the field so they can stay in touch with the office during work hours. A friend suggested that I could be exposing my company to liability if an employee injures someone in an accident while on the phone. How concerned should I be?
A: Your friend is right. There have been several cases where companies were sued for negligence when one of their employees hurt or killed someone while driving and talking on the phone. To illustrate, there is case where a stockbroker for a national firm was on his cell phone on the way to a non-business dinner and accidentally killed a 24-year-old motorcyclist. Testimony revealed that the company expected employees to make “cold calls” on personal time. The victim’s family alleged that the firm was negligent because it encouraged employees to use cell phones without providing training on the potential hazards and risks. The firm settled the case for a hefty sum. Of course this was a large company and they are more likely to be sued because they have “deep pockets”.
The key here is that the company did not provide training about the risks. As a small business, you need to prevent exposure to risk and liability. The best way to protect your company is by having a policy that employees sign when they get their phones that clearly states the proper and safe use of cell phones and prohibits using cell phones while driving. Period.
This is not intended as legal advice, but a good cell phone policy might read something like:
“Safety comes before all other concerns. Regardless of circumstances, including slow or stopped traffic, employees are required to pull off the road and safely stop before placing or accepting a call, even when using a hands-free device. Take special caution pulling off the road during heavy traffic, inclement weather, driving at night time or in unfamiliar areas.”
Such a policy might not stop a lawsuit, but it will certainly give some legitimate and credible defenses should a lawsuit arise. Be concerned. Protect your company. Have a written policy.
©Copyright Eva Del Rio
