90.4026 Statements expressing sympathy; admissibility; definitions. - Florida Statutes

90.4026 Statements expressing sympathy; admissibility; definitions.

   (1) As used in this section:

   (a) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.

   (b) “Benevolent gestures” means actions that convey a sense of compassion or commiseration emanating from human impulses.

   (c) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted child of parent, or spouse’s parent of an injured party.

   (2) The portion of statements, writings, or benevolent gestures 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 of the above shall be admissible pursuant to this section.

History. s. 1, ch. 2001-132.