(1) The portion of any statement, writing, or benevolent gesture expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence in a civil action. A statement of fault, however, which is part of, or in addition to, any statement, writing, or benevolent gesture is not inadmissible by this section.
(2) For purposes of this section, the term:
- (a) “Benevolent gesture” means any action which a person takes to convey a sense of compassion or commiseration to a person who has been injured.
- (b) “Family” means the spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister, or parent-in-law.
The "Apology" Rule: This statute is designed to encourage natural human expressions of sympathy after an accident. The law does not want to discourage people from being compassionate for fear that their kindness will be used against them in a lawsuit.
What is Protected: Any statement, writing, or gesture that expresses sympathy or compassion for the pain and suffering of an injured person is **not admissible** in a civil lawsuit to prove liability.
The Crucial Exception: Statements of Fault
This rule's protection is very narrow. It does **not** protect any statement of fault, even if it is part of a larger apology.
• Inadmissible Statement: "I am so sorry that you were injured." (This is a pure expression of sympathy and cannot be used).
• Admissible Portion: "I am so sorry that you were injured, it was all my fault, I was texting while driving." In this sentence, the expression of sympathy is inadmissible, but the admission of fault (the bolded part) is fully admissible to prove liability.
