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California Evidence Code Section 1160

Legal Research Home > California Lawyer > Evidence Code > California Evidence Code Section 1160

(a) 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 of an admission of liability in a
civil action.  A statement of fault, however, which is part of, or in
addition to, any of the above shall not be inadmissible pursuant to
this section.
   (b) For purposes of this section:
   (1) "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.
   (2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
   (3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.

Last modified: January 12, 2009