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Cell Phones in the Office

By Stephen E. Fox and Natalie T. Arbaugh
November 29, 2004

Cellular phone ownership and use is pervasive. More than 70 million Americans reportedly own a cell phone and a high percentage are used for business purposes. Also on the rise are instances of phone use while driving, increasingly blurring the boundary between work and personal time, as people can stay connected professionally during commutes, vacations or other personal pursuits.

With increased production from employees and an enhancement in client services a result of this trend, it is the employer who most benefits. While employers recognize these increased benefits, they have only recently begun to also realize the risks associated with cell phone use by their employees. Of particular concern is the increased risk of automobile accidents caused by cell phone usage, many of which lead to serious injury or death. Indeed, according to Harvard University's Center for Risk Analysis, cell phone use while driving accounts for an estimated 1.5 million accidents and 2600 deaths annually. The risk of automobile accidents creates a tension between employee productivity and accessibility on one hand, and safety risks and liability that employers are being required to evaluate on the other.

Cell Phone Use and Auto Accident Litigation

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