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Florida Evidence Code Section 90.4026 - Evidence Code - Statements expressing sympathy; admissibility; definitions.

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Title VII   EVIDENCE

Chapter 90   EVIDENCE CODE

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.

Last modified: November 21, 2006