Apology strategy involves acknowledging a plaintiff's harm without admitting fault. Many states have apology statutes making expressions of sympathy inadmissible, though coverage of fault admissions varies.
Medical apology statutes are the most common.
Alternative Names:
Apology at Trial, Expression of Sympathy
Why it Matters?
Apology statutes differ critically in whether they protect only expressions of sympathy or also statements accepting responsibility, and that distinction determines what can safely be said. In states protecting only sympathy, a statement that acknowledges a mistake is admissible as an admission. Confirming the statute's scope before any communication, including at trial, is the necessary step.
Frequently Confused with
Related terms
Frequently asked questions
What do apology statutes protect?
Why does the distinction matter?
