The fact if there is written policy for or against this kind of behavior can 
make quite a bit of difference in liability.
But you can be sued at any time for anything, been on the receiving end of 
that.  :)

Stu


From: Andrew S. Baker [mailto:[email protected]]
Sent: Thursday, June 21, 2012 5:59 PM
To: NT System Admin Issues
Subject: Re: Nah, you're not responsible while behind the wheel

>> How much depends on the circumstances, the specific laws, and likely 
>> jurisdictional variation.

Also: How deep their pockets are, how well they knew about the problem 
beforehand (or should have known), and whether they have any written/unwritten 
policies for or against the thing that was done.
ASB

http://XeeMe.com/AndrewBaker

Harnessing the Advantages of Technology for the SMB market...



On Thu, Jun 21, 2012 at 5:37 PM, Ben Scott 
<[email protected]<mailto:[email protected]>> wrote:
On Thu, Jun 21, 2012 at 5:04 PM, David Lum 
<[email protected]<mailto:[email protected]>> wrote:
> "Do you believe you company should be liable for injuries while driving and
> using a device?" (Yes\no)
 Very few, if any of us here are lawyers, so this is prolly the wrong
forum.  But since many of us (myself certainly) enjoy playing armchair
lawyer:

 Generally: If one is acting as the agent of another entity, that
other entity is often held liable for the agent's actions.  If, while
acting on behalf of Conglomco, I cheat some orphans out of their
gruel, Conglomco gets some/all of the blame.  How much depends on the
circumstances, the specific laws, and likely jurisdictional variation.

 For this case in particular: If Conglomco expects me to answer the
phone and operate a motor vehicle at the same time, Conglomco better
be prepared to be held liable for that expectation.

 Note that just because Conglomco incurs some liability, that doesn't
mean I incur no liability.  E.g., in the US, if Conglomco has me pour
toxic waste into the river, Conglomco can get in trouble, but I,
personally can also get in trouble.  Environmental statutes apply to
both.

 Again, law can very wildly between jurisdictions, so just because
the law here says something, that doesn't mean the law there works the
same way.

-- Ben


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