Evidence of furnishing, or offering or promising to pay, medical or hospital expenses or other damages occasioned by an injury or accident is inadmissible to prove liability for the injury or accident.
Fla. Stat. § 90.409 — Payment of medical and similar expenses
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The Public Policy: This rule is based on the social policy of encouraging humanitarian gestures. The law does not want to discourage a person from offering to help an injured party with their medical bills out of fear that this act of kindness will be used against them in court as an admission of fault.
The General Rule: Evidence that a person offered to pay, or did pay, for medical, hospital, or similar expenses for an injured person is **not admissible** to prove that person is legally liable for the injury.
Important Limitation: This is a very narrow rule. It only protects the offer or payment itself. It does **not** protect any other statements made at the same time, particularly statements of fault.
Example: After a car accident, the driver at fault says, "I'm so sorry, this was my fault. Let me pay for your ambulance and hospital bills."
• The offer to pay the bills is **inadmissible** under this rule.
• The statement "this was my fault" is a separate admission of fault and **is admissible** in court.
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Cite as Fla. Stat. § 90.409 (2024)
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