Two recent trends highlight the importance of employers adopting cell phone use policies for their employees.

First, states have taken an increasing active role in addressing the relationship between driver cell phone use and traffic safety.

While these laws do not directly address employer liability, they have the potential to increase employer exposure for cell phone-related accidents.

Second, there are a growing number of lawsuits involving employer liability for traffic accidents caused by employees talking on cell phones.

Under the theory of respondeat superior, an employer may be liable for any damages caused by an employee who is acting within the scope of his employment. Consequently, if an employee gets into an accident while making a business call, the employer could be liable.

A second ground for employer liability is negligence. Based on this theory, an employer could be liable for permitting employees to use cell phones without first providing proper training or adopting appropriate cell phone use policies.

While there is no guaranteed defense to liability, developing appropriate policies, training and enforcement mechanisms, can help limit potential liability and increase public safety.

Some companies prohibit employees from using cell phones while driving on company time. In contrast, other companies adopt cell phone safety guidelines and focus on training and enforcement.

Each company should determine whether the benefits of employee cell phone use outweigh the risks.

Regardless of the policy each company adopts, all employers should educate their employees about the dangers of taking on a cell phone while driving, and should double check their insurance coverage.