Jennifer Smith's mother sadly died last year when she was hit by a driver who was distracted while talking on their cellphone. According to the New York Times
, Smith is suing both
Sprint and the maker of the cellphone (Samsung) for failing to adequately warn consumers of the dangers of driving while talking (or worse texting). "They should've told people from the beginning there was a real risk, and this wouldve never happened," proclaims Smith. Unfortunately for her case, carriers have
warned users -- many manuals clearly referencing the dangers to consumers in addition to a number of carrier awareness campaigns. Carriers also obviously have no control over the stupidity of their customers post warning, which is why similar suits of this kind have been dismissed in the past.