Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.
Fla. Stat. § 90.408 — Compromise and offers to compromise
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The Public Policy: This rule is based on the strong public policy of encouraging parties to settle their disputes out of court. The law recognizes that if settlement offers could be used in court as an admission of guilt or weakness, parties would be afraid to negotiate freely, leading to more trials.
The General Rule: Evidence of an offer to settle a claim is **not admissible** to prove who is liable for that claim or to prove its value. This protection only applies if there was an actual dispute over either the validity of the claim or the amount owed.
Scope of the Rule: The Florida rule is broad. It protects not only the settlement offer itself but also any **conduct or statements** made during the settlement negotiations. This means admissions of fact made during these discussions are also inadmissible to prove liability.
Example: In settlement talks after a car accident, a lawyer says, "My client was looking at his phone and is clearly at fault, but to avoid a lawsuit, we will offer you $10,000." Under this rule, neither the $10,000 offer nor the admission that the client was on his phone can be used against them at trial to prove fault.
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Cite as Fla. Stat. § 90.408 (2024)
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