The National Post recently presented the interesting case in which a New Jersey judge must decide whether someone can be “electronically present” in a car, even if they physically aren’t there, and, if so, whether the person can be held liable for events that take place, or that are caused by their electronic presence.
Put another way, if a person sends a text message to a person who is driving, and the driver gets into a vehicle collision, can others involved in the incident sue the sender of the message for distracting the driver?
For more, read my latest post on Slaw.
Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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This is an update to my recent post: Could Cellphone Use Constitute Electronic Presence at Crime?
http://www.slaw.ca/2012/05/26/sender-of-the-text-message-not-liable-for-car-crash-judge-says/
There are a couple of things wrong with this…First, how can the sender know that the recipient is driving? Second, it is the recipient’s choice to answer the text or call when it is unsafe to do so. The responsibility should rest solely with the recipient.