Imagine, driving your car, minding your business, when another driver, using his cell phone, comes into contact with your vehicle. In New York State, operators of motor vehicles are prohibited from using their cell phones when driving. Is the cell phone maker responsible for the accident?
The Indiana Court of Appeals ruled that Cingular Wireless, a cell phone maker, is not responsible for the negligence of a driver who was using a cell phone at the time of an accident. To my knowledge, New York State has not ruled on this issue.