New liability exposure - texting while walking?

Recently the Delaware General Assembly has been considering new legislation regarding the use of cell phones while driving. It seems that driving while texting isn't the only danger cell phones present. A New York teen fell down an uncovered manhole recently, sustaining minor injuries. Apparently the teen was texting while walking and wasn't paying attention. The parents are filing a personal injury claim due to the manhole being left uncovered and unattended. Are business owner's now going to have to worry about customers walking into displays, desks, etc. while texting? Not getting on a soap box here but what's happening to personal responsibility?
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