Traffic accidents caused by drivers texting while operating a motor vehicle are beginning to reach epidemic proportions. Further, there are even cases where pedestrians are walking into trees because they are not paying attention to their surroundings while texting.
As a precaution against liability being somehow charged to the texting application suppliers, I am suggesting to my clients who provide texting applications to their users that they add language to their Terms of Service regarding these activities. I suggest that they add a separate section to their TOS under their Limitation of Liability section similar to the example below:
User Agrees Not to Text and Drive
The User understands that texting while driving and texting without paying attention to their surroundings is a hazardous activity. The User hereby agrees not to text while driving or to text while engaged in other activities where they should be paying attention to their surroundings. The User hereby further agrees to hold the Company harmless from any liability caused by User texting while engaged in any other activity.