Saying 'Sorry' Now OK in California

SACRAMENTO, Calif. (APBnews.com) -- Living in California means never having to admit guilt when you say you're sorry.

As of Jan. 1, a new state law will allow residents to apologize after an accident and avoid having their statements used against them in civil court. So-called benevolent gestures of sympathy will be considered simple acts of charity, not admissions of guilt.

The bill was sponsored by state Assemblyman Lou Papan, who wants to encourage the "healing process" after accidents, said Edward Randolph, his chief of staff. Papan, a Democrat, represents a district near San Francisco.

'Human nature'

"When you get into an auto accident, most people want to immediately come out and make sure everybody's OK and be sympathetic and apologetic," Randolph said. "That's your human nature. You don't think through the legal ramifications until three days later when you're slapped with a summons."

Randolph said his insurance company even advised him to not apologize if he ever got in a car accident. But it doesn't make sense, he said.

"You want to apologize for the chaos that's been caused, even if it's not your fault," he said.

Randolph said the bill was modeled after laws in Massachusetts and Vermont. Verbal or written gestures of sympathy will not be considered admissions of liability.

However, if a person apologizes as part of an admission, as in "I'm sorry I caused the accident," the last part of the statement will still be admissible.

Bipartisan support

The bill got bipartisan support, passing the state Senate by a vote of 27-1 and the state house by 75-0, Randolph said.

But the new law does not have universal approval. Peter Dean, a civil attorney in the San Diego suburb of Escondido, said the law was waste of time.

Juries are smart enough to understand that apologies do not necessarily mean guilt, he said.

Dean said he has tried hundreds of cases over his 27-year career and never once did an apology make a difference. In some cases he even advised clients to apologize because it made them seem more human.

"All I can say about that law is that I'm sorry," he said.

By Randy Dotinga, an APBnews.com West Coast correspondent.