Effective – 28 Aug 2005
538.229. Certain statements, writings, and benevolent gestures inadmissible, when — definitions. — 1. 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 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. However, nothing in this section shall prohibit admission of a statement of fault.
2. For the purposes of this section, the following terms mean:
(1) “Benevolent gestures”, actions which convey a sense of compassion or commiseration emanating from humane impulses;
(2) “Family”, the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of a parent, or spouse’s parents of an injured party.
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(L. 2005 H.B. 393)
CROSS REFERENCE:
Applicability of statute changes to cases filed after August 28, 2005, 538.305