Apology laws

Apology laws compared

Q: Which apology laws cover admissions of fault?

Manitoba and New South Wales cover apologies whether or not they admit or imply fault. Washington covers statements of fault by health care providers made within 30 days.

Q: Do apology laws apply in defamation cases?

Not in Scotland, which excludes defamation proceedings. In New South Wales, defamation apologies fall under section 20 of the Defamation Act 2005.

Last checked 6 November 2026 · 9 sources

Short answer

Apology laws differ in three ways. Some say an apology is not an admission, as in England and Wales ¹. Some make it inadmissible as evidence, as in Scotland ² and New South Wales ⁵. Some cover only sympathy, as in Massachusetts ⁶. Others cover fault, as in Washington for health care providers within 30 days ⁷. Exclusions differ too. Scotland leaves out criminal and defamation proceedings ³.

Widest definition seen: Scotland, any statement indicating the person is sorry ²
Insurance clause: Manitoba, an apology does not affect insurance coverage ⁴
Fault statements covered: Washington, for health care providers within 30 days ⁷
Oral only: Vermont, oral expressions of regret by health care providers ⁸
Federal US rule: Federal Rule of Evidence 409 covers offers to pay medical expenses ⁹

The laws side by side

Jurisdiction	Law	Main effect	Main limits
England and Wales ¹	Compensation Act 2006, section 2 ¹	An apology is not of itself an admission of negligence or breach of statutory duty ¹	Covers negligence and breach of statutory duty ¹
Scotland ²	Apologies (Scotland) Act 2016 ²	Not admissible as evidence of anything relevant to liability ²	Excludes criminal, defamation, some inquiries and some regulator hearings ³
Manitoba, Canada ⁴	The Apology Act, C.C.S.M. c. A98 ⁴	Not an admission, not relevant to fault, no effect on insurance ⁴	No separate exceptions section on the page read ⁴
New South Wales, Australia ⁵	Civil Liability Act 2002, Part 10 ⁵	Not an admission and not admissible as evidence of fault ⁵	Not defamation, which falls under the Defamation Act 2005, section 20 ⁵
Massachusetts, US ⁶	General Laws, chapter 233, section 23D ⁶	Sympathy to accident victims is not evidence of an admission of liability ⁶	Text does not mention statements of fault ⁶
Washington, US ⁷	RCW 5.64.010 ⁷	Apology, fault and sympathy by health care providers inadmissible ⁷	Must be conveyed within 30 days ⁷
Vermont, US ⁸	12 V.S.A. § 1912 ⁸	Oral regret or apology by health care providers is not an admission ⁸	Oral only, within 30 days, errors on or after 1 July 2006 ⁸

Full and partial protection

A full apology admits fault. A partial apology only expresses sympathy. The laws above treat the two differently.

Manitoba covers words of contrition whether or not they admit or imply fault ⁴. New South Wales does the same ⁵. Scotland covers any statement indicating the person is sorry ².

Massachusetts protects statements, writings or benevolent gestures expressing sympathy or a general sense of benevolence ⁶. Its text does not address statements of fault ⁶. Washington lists apology, fault, sympathy, commiseration, condolence and compassion, and statements about remedial actions ⁷.

Health care laws

Several US laws apply only to health care. Washington's rule applies to civil actions for personal injury based on alleged professional negligence, and to related arbitration or mediation ⁷. Vermont's rule covers civil and administrative proceedings, including arbitration and mediation ⁸.

Both set a 30 day window. Washington counts from the act or from its discovery, whichever is later ⁷. Vermont counts from when the provider knew or should have known of the consequences of the error ⁸.

Federal Rule of Evidence 409 is narrower. It bars evidence of offering to pay medical expenses to prove liability. The Advisory Committee note says it does not reach statements made alongside the offer ⁹.

Exclusions to check

Criminal proceedings. Scotland excludes them ³.
Defamation. Scotland excludes it ³. New South Wales sends it to a separate rule in its Defamation Act 2005 ⁵.
Professional discipline. Scotland excludes registration and fitness to practise proceedings of ten listed regulators ³.
Inquiries. Scotland excludes Inquiries Act 2005 inquiries and fatal accident inquiries ³.
Candour apologies. Scotland's Apology Act does not apply to apologies made under its health and care duty of candour procedure ³.

Reading these laws

Check the date. Scotland's Act has no retrospective effect, and most of it came into force on a date set by regulations ². Vermont's rule applies only to errors on or after 1 July 2006 ⁸.

Check the forum. Each law names the proceedings it covers. Scotland lists its exceptions inside section 2 ³. The NSW rule applies to civil liability of any kind, with listed exclusions ⁵.

Common questions

Which apology laws cover admissions of fault?

Manitoba ⁴ and New South Wales ⁵ cover apologies whether or not they admit or imply fault. Washington covers statements of fault by health care providers made within 30 days ⁷.

Do apology laws apply in defamation cases?

Not in Scotland, which excludes defamation proceedings ³. In New South Wales, defamation apologies fall under section 20 of the Defamation Act 2005 ⁵.

Is there a federal apology law in the United States?

No general one was found in the sources read. Federal Rule of Evidence 409 bars evidence of offers to pay medical expenses to prove liability ⁹.

Do written apologies count in Vermont?

Vermont's rule refers to an oral expression of regret or apology, including an oral good faith explanation of a medical error ⁸.

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@apologyofrecord.com.

Sources

What apology laws do
How apology laws stop an apology being used as an admission of fault, with examples from England, Scotland, Canada, Australia and US states.
Without admission of liability, explained
What 'without admission of liability' means in settlements, apologies and official statements, and the laws and rules that give it effect.
Duty of candour explained
What the statutory duty of candour requires of health and care providers in England, Scotland, Wales and Victoria, including the required apology.
Court-ordered apologies and corrective statements
How courts order apologies, judgment summaries and corrective statements, with examples from South Africa, England and Wales and the United States.