Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 23D (2026)

Admissibility of benevolent statements, writings or gestures relating to accident victims

✓ current as of July 2026
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Section 23D. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Accident'', an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.

''Benevolent gestures'', actions which convey a sense of compassion or commiseration emanating from humane impulses.

''Family'', 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.

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 such person or to the family of such person shall be inadmissible as evidence of an admission of liability in a civil action.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: John Nunes v. Sarah Duffy & Another., 101 Mass. App. Ct. 460 (Mass. App. Ct. 2022).
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John Nunes v. Sarah Duffy & Another., 101 Mass. App. Ct. 460 (Mass. App. Ct. 2022). · cites it 6× “In a civil action arising from a dispute over liability in a motor vehicle collision, a Superior Court judge erred in excluding the defendant's statement to the plaintiff that the accident "was all my fault," which the defendant made contemporaneously with an apology, where,…”
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