Government Code section 11440.45

(a)

In any proceedings pursuant to this chapter or Chapter 5 (commencing with Section 11500), 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. 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.

Source: Section 11440.45, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=GOV§ionNum=11440.­45.­ (accessed May 14, 2025).

Last Updated

May 12, 2025

§ 11440.45’s source at ca​.gov