Download 'Too Hot', an exclusive Specials track from iTunes
It might occur to you that this story is a trifle premature. No one has in fact filed such a lawsuit. Nor have Gayle Porter, associate professor of management at Rutgers University in New Jersey, and her two co-authors actually published their study on tech addiction yet, though the press release from Rutgers says it will be coming along soon.
Still, it made a perfect hey-Martha-look-at-this story, arriving amid the August silly season. As it happens, media people love to confess to their own BlackBerry addictions, which subtly reflect their own importance (people need to reach me day and night!) and in any case make a more agreeable topic of conversation than their gin, shopping or sex addictions.
And we also know, of course, that American courts let people sue over lots of different things. On the addiction front, gamblers have blamed casinos for enabling their high-rolling habits. Nutrition zealots file actions claiming that soft-drink makers use caffeine to enslave helpless youth, while a Florida lawyer regularly sues makers of computer and video entertainments after 10-hour-a-day gamers commit suicide or go on shooting sprees.
All that having been said, it’s very unlikely that employers need worry about BlackBerry-addiction suits. Despite rumors to the contrary, American courts have not in fact been much inclined to let sunken-eyed Jane blame her addictions on deep-pocketed James. Compulsive gamblers’ suits have mostly flopped so far - as have those alleging videogame addiction - while the very modest success enjoyed by plaintiffs in fast-food lawsuits has come on other legal theories, such as ingredient mis-labelling. A Wisconsin man won brief national derision by blaming his addiction to television-watching on his local cable service, but soon decided not to pursue the matter.
There are other big problems with the liability theory as well. When employees overuse the devices they’re usually spending a lot of time on personal and not just company business. Asking for the employer to be made liable because it introduced the worker to the device proves too much: are bosses who introduce their workforce to telephones and the internet to be sued over off-work abuse of those too?
To be sure, there are ways employers can run into legal trouble by way of their staff's BlackBerry use. It’s just that those ways have nothing to do with the notion of addiction. Obliging an employee to stay connected after hours can sometimes run afoul of wage and hour laws, though many professional, creative and managerial types, prime users of the devices, aren’t covered by that set of laws. Should an employee on the road have a crash while fiddling with the tiny keyboard, a clever lawyer might name the employer as defendant. But again, no addiction angle there.
If our plaintiff’s lawyers did take the addiction theory seriously, the employer would probably not be the one they’d be looking to blame. American law directs most injury claims against employers into workers’ compensation funds that provide wage replacement but not big jackpots. A huge sector of our product liability law is accordingly devoted to finding anyone but the employer to sue over workplace ailments – most often the manufacturer who supplied some machine or raw material used on the job.
Enough ill-conceived lawsuits already go forward in the American courts that there’s no need to conjure up the purely imaginary kind.
Walter Olson edits Overlawyered.com and PointOfLaw.com and is a senior fellow at the Manhattan Institute.
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.