Makes oral or written apologies inadmissible to prove fault and preserves admissibility of a statement of fault.

A BILL FOR AN ACT

SECTION 1. While it is only civil and humane to apologize and offer sympathy or other expressions of understanding to persons who have been harmed in some way, the reality of lawsuits often prevents these expressions of apology or sympathy from being made for fear that they will be used subsequently as an admission of liability. Ironically, many people will bring a claim or a lawsuit against another person or other entity for the simple reason that there has been no apology or expression of empathy made to them. Particularly in our State, the Aloha State, it is regrettable that members of our community cannot reach out to others in a humane way without fear of having this communication subsequently used as an admission of liability. This Act will allow these expressions without fear that they will be used against those who express these sentiment to others.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by adding to article IV a new rule to be appropriately designated and to read as follows:

"Rule    Apologies. (a) Evidence of written or oral apologies, whether made before or during judicial or administrative proceedings relating to the subject matter of the apology, is not admissible to prove liability. Evidence of benevolent gestures made in connection with such apologies is likewise not admissible. A statement of fault, which is part of, or in addition to, any of the above shall not be inadmissible pursuant to this section.

(b) For the purposes of this rule:

SECTION 3. This Act does not affect the rights or duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.