Jim Kiley talks about Social Media - Part 2 Jim Kiley talks about Social Media - Part 2 Transcripts:
Mark: Let?s talk about the social media. With cell phone, how much does that play into this deposition?
Jim: Or litigation in general. Interesting on cell phones, there was a couple of cases recently that came down where if you are working, and you're out in your car, and you're calling somebody in your car, business related, are you acting in the scope of your employment? So that your employer is vicarious liable. Under New York law, if you're acting an employer is by vicarious liable for the negligence acts of its employees, when the employee is engaging in the course of the business. So there was an interesting case that was related. Some of you could be out on a Saturday, in your car, and you're calling back Mr. Client or Mr. Customer and you're in an accident. Probably for no other reason than maybe you were on your cell phone when you shouldn?t have been. Does this bring in liability for the employer? There are some cases that suggest it does, and I?m sure we'll be hearing more about it, certainly it's unsettled law at this point.
Mark: So rule number one, don?t text.
Jim: Don?t text. I see it ? and you wouldn't believe all the cases that come in on texting and driving. In fact I believe they just passed a new law in New York that makes it a primary offence to be texting and driving. Such that a police officer can pull over a driver that they see texting and driving. Before that it was a secondary offence, meaning you have to make stop for something else, stop sign, red light, speeding, whatever and then you could get a ticket for being on your cell phone. It?s an indicator that yes it?s increasingly becoming a problem, and therefore we're seeing it in these lawsuits and cases. Another aspect that is coming out ,which I think I remember reading, there it's not law yet, but there is some talk about a law in the city which would ban pedestrians from crossing the street while using a cell phone. You only have to drive into New York to see the hordes of people that are walking across the streets completely clueless as to what's going around them, because they're on their cell phone, and they're looking down on their messages. So the world is changing.
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