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View Diary: Text someone who's driving, and you might get sued: a torts lesson (159 comments)

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  •  The social utility (0+ / 0-)

    of manufacturing phones is greater than the social utility of texting someone you know is driving. Part of deciding what's liability-creating is whether the behavior is worth it on balance, in all its cases; the importance to society of having cellphones is tremendously greater than the importance of texting someone you know is driving and know is reading your text.

    •  They have gps chips in them (1+ / 0-)
      Recommended by:
      417els

      They could deactivate the radio when moving at over 30 mph.

      The manufacturers don't get off so lightly. Sorry.

      Do you see how difficult this can get if we go down this road?

      I hope that the quality of debate will improve,
      but I fear we will remain Democrats.

      Who is twigg?

      by twigg on Mon Sep 02, 2013 at 07:42:24 PM PDT

      [ Parent ]

      •  There's social utility (1+ / 0-)
        Recommended by:
        Miggles

        in using phones when going above 30 mph. Passengers, mass transit takers, etc. harmlessly enjoy and use that capability, to work and to socialize. Nobody needs to text a driver they know will read the text while they're driving. The liability the court discusses in this case doesn't infringe on anything useful to society; same rationale holds bars liable for serving booze to someone they know will drive and know will be impaired beyond legal limits. A narrow set of socially harmful cases.

        •  Bound to be distracting :) (2+ / 0-)
          Recommended by:
          LaraJones, 417els

          When will a passenger be sued because they laugh loudly at a message causing an accident?

          You see where this is going?

          The Driver alone is responsible for his actions, and trying to spread the blame also spreads the responsibility.

          What if the driver killed someone? Is a friend, 200 miles away to be charged with vehicular manslaughter? And if not, why not?

          I hope that the quality of debate will improve,
          but I fear we will remain Democrats.

          Who is twigg?

          by twigg on Mon Sep 02, 2013 at 08:06:35 PM PDT

          [ Parent ]

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