RSS FeedThe Liability of Saying Sorry
One of the hallmarks of properly managing disasters or scandals for a company is providing a genuine apology to the public. It fosters good-will, and indicates a willingness of the corporate entity to make changes to affect the problem.
However, legal counsel will frequently advise against doing this, as it can indicate an admission of liability. As a result, lawyers often find themselves in tension with communications staff on the appropriate management of crisis.
Michael Allison of Young Blood PR discusses these tensions as it relates to Ontario compared to his home province of B.C.
For example, the B.C. Apology Act states,
Effect of apology on liability
2 (1) An apology made by or on behalf of a person in connection with any matter
(a) does not constitute an express or implied admission of fault or liability by the person in connection with that matter…
(d) must not be taken into account in any determination of fault or liability in connection with that matter.
(2) Despite any other enactment, evidence of an apology made by or on behalf of a person in connection with any matter is not admissible in any court as evidence of the fault or liability of the person in connection with that matter.
Other jurisdicitons across Canada should probably follow suit.
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