Sympathy Note Legislation Clears Senate

A bill protecting people who want to express sympathy or condolences is one step closer to becoming law. Thats after the full Senate approved SB 1262 by Senator Glenn Coffee.

There are many times when individuals involved in accidents would like to send the other person involved a note saying they are sorry this has happened; especially when someone has been seriously injured or killed. But even when the accident could have been the injured persons fault, that expression of empathy could be used against the sender in a lawsuit, explained Senator Coffee, R-OKC. It prevents people doing what most of us consider is nothing more than kind and thoughtful.

Under SB 1262, written or verbal expressions of sympathy, compassion or benevolence relating to the pain, suffering or death of an individual could not be used in a civil lawsuit, as long as the statement is not an outright admission of fault or guilt.

There have been numerous reports and studies showing that many times a lawsuit could have been avoided if only the other person had said they were sorry, but their attorney has advised them not to say anything for fear it could be used against them in court. We need to change that, said Senator Coffee.

SB 1262 now moves to the House for further consideration.