§ 90.4026, Fla. Stat. — Statements Expressing Sympathy (the “I’m Sorry” Rule)
Plain English
This is Florida’s “I’m sorry” rule. After an accident, expressions of sympathy or benevolent gestures — “I’m so sorry this happened,” sending flowers, offering comfort — made to the injured person or their family are inadmissible in a civil action. The policy is that basic human compassion shouldn’t be punished as an admission of fault. But there’s a hard line: a statement of fault that is part of, or added to, the sympathy is admissible. So “I’m sorry you’re hurt” is protected — “I’m sorry, I ran the light” is not.
From the Courtroom
The whole fight is sympathy versus fault. “I’m so sorry you’re hurt” is protected; “I’m sorry, I wasn’t looking” is not. People who blurt both in one breath hand the plaintiff the second half — the apology gets excised, the admission of fault comes in. Knowing exactly where that scalpel cuts wins the motion.
Key Points & Authority
- § 90.4026, Fla. Stat. — Statements/writings/benevolent gestures expressing sympathy about an accident, made to the injured person or family, are inadmissible in a civil action.
- Limit: a statement of fault that is part of or in addition to the sympathy remains admissible.
- Federal note: there is no direct Federal Rules of Evidence counterpart — this is a Florida “apology statute” (added 2001).
Federal Parallel
Florida-specific. The Federal Rules of Evidence have no dedicated “apology” or sympathy-statement rule; in federal court such statements are analyzed under general relevance and admissions principles. Florida’s § 90.4026 is a deliberate state policy choice.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.4026 makes statements, writings, or benevolent gestures expressing sympathy about an accident, made to the injured person or family, inadmissible in a civil action — but a statement of fault that is part of or added to the sympathy remains admissible.