Car Rental Business Being Sued For Teens Cell Phone Use

Cindy Hanna

I read in the paper about a father who rented a car then let his son drive the rented car. While the son drove the rented car he got in to an accident while he was on his cell phone and killed a women. My question is why is the car rental busniess being sued? I read the family won $28 million dollars from the car rental business.

SDDCHR

Good question.....did you ever find out the answer?

Cindy Hanna

SDDCHR I have not really found out why but I find it absolutely ridiculous.

If there are any lawyers out there could you answer the question.

Steve McElfresh

Cindy,

Not knowing anything about the case, I suggest the answer may be simple:

1. The father and son have little/no money, nor insurance.
2. The rental company does.

Now, how could a creative lawyer conjure up the appearance of a valid claim against the rental company? I can imagine a variety of ways (e.g., failure to specifically warn against teen drivers/cell phone use . . .).

The fundamental truth, discovered by many of us on the receiving end, is that a valid claim is not a pre-condition for filing a lawsuit.

Best wishes for a litigation-free 2003,

Steve Mac

Steve McElfresh, PhD
Principal
HR Futures

408.605.1870

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 12-26-02 AT 10:59AM (CST)[/font][p]Now that I can safely assume the perceived demise of Steve was a premature and speculative waste of my energy, I will summarily end my period of mourning and know that he is among us still. All I can add is that all the contracts I have ever bothered to read from a rental agency specifically outline the minimum age of those allowed to rent or drive the rental and specifically announce, by name, who those allowed drivers are and go on to state that unauthorized drivers are at the liability of the insurance of the renter. The deep-pocket theory seems relevant here. Don't be surprised if the lawyer next pursues the company whose name appears on the side of the rental car's tires and even the gas station at which the teenager filled up the rental.

Steve McElfresh

All:

For a different slant on the issue of cell phone liability, and more relevance to this group, note the article in today's USAToday:
[url]www.usatoday.com/news/nation/2002-12-25-cellphone-usat_x.htm[/url]

As you will see, firms are being held liable for employee cell-phone use -- when it is perceived (by a jury) to have contributed to someone's loss or injury.

Employer advice on the subject is available at
[url]www.braunconsulting.com/bcg/newsletters/summer2002/summer2002.html[/url] and
[url]www.wellsfargo.com/biz/products/resources/advisor/archives/0402cell/0402cell.jhtml[/url]

I have talked about the subject with several of my clients, and they are very
1. willing to buy and encourage use of hands-free devices, and
2. unwilling to take a hard stand against work-related cell-phone use in cars. So far.

Regards,

Steve Mac

Steve McElfresh, PhD
Principal
HR Futures

408.605.1870

Cindy Hanna

This was not work related. It was a teenager behind the wheel talking on the cell phone. Why is the car rental business being sued?

I agree with hands free kits. All of our Sales Reps , VP, President, Head Mechanic, and Myself have hands free kits and are discouraged to use cell phones while driving. We have a policy in place and it is followed.