Brad Reid, of Lipscomb University’s Dean Institute For Corporate Governance and Integrity, presented an argument in The Huffington Post favoring the development of “an apology statute that encourages statements of concern and at the same time allows a jury to determine the facts of a particular incident.”
“The traditional legal risk of an apology,” he says, “has been that it could be presented in court as an admission of negligence or liability. Thus, the classical legal advice has been to say nothing.” This, however, could be seen as a “lack of concern or arrogance”, and could actually cause the injured parties to sue to “vindicate their sense of injustice and to ease their emotional pain.”
He sites how the medical profession has found that apologies over alleged medical mistakes can significantly reduce litigation.
He concludes by saying that, coupled with meaningful actions taken to reduce and prevent similar incidents, apologies could ease pain and suffering and benefit our society.
