An appeals court in the US has held that in principle, someone who sends a text message to someone she knows is driving (in this case, a motorcycle) and is likely to text back while driving, can be liable for damages caused by that driver while distracted by texting [Kubert v. Best]. In the case in point, the court held that the woman who was texting her boyfriend did not know he was responding while driving, so she was not liable for the damages he caused. (He himself settled with the victims, but his insurance did not cover the damages, so the victims were looking around for another pocket.)
Does this sound reasonable to you? Is it just a new application of standard tort foreseeability reasoning, or something new and scary or at least undesirable or unsound?
Would phoning someone’s mobile phone be any different?