(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 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 not be made inadmissible by this section.

     (2) For purposes of this section:

     (a) "Accident" means an occurrence resulting in injury or death to one or more persons that 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 humane impulses.

     (c) "Family" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of a parent, or spouse's parents of an injured party.

[2002 c 334 § 1.]