Directory · 12 entries
Apology laws: directory
This directory lists laws that limit the legal effect of an apology, and closely related evidence rules. Each row comes from the official text or an official annotation. In England and Wales an apology is not of itself an admission of negligence 1. Scotland makes an apology inadmissible as evidence of liability in most civil proceedings 2. Some US states protect only sympathy 9, and others protect statements of fault by health care providers 10. Blank cells mean the page read did not state the fact.
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Compensation Act 2006, section 2 1
Apologies (Scotland) Act 2016 2
- Country
- United Kingdom
- Jurisdiction
- Scotland 2
- What it protects
- An apology is not admissible as evidence of anything relevant to liability and cannot be used to the maker's prejudice 2
- Exceptions and limits
- Criminal and defamation proceedings, Inquiries Act 2005 inquiries, fatal accident inquiries, Children's Hearings, ten listed professional regulators, candour apologies 3
Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, section 23 4
Duty of candour, regulation 13, as cited in Welsh statutory guidance 5
The Apology Act, C.C.S.M. c. A98 6
Civil Liability Act 2002, Part 10 7
Defamation Act 2005, section 20 7
General Laws, chapter 233, section 23D 9
- Country
- United States
- Jurisdiction
- Massachusetts 9
- What it protects
- Statements, writings or benevolent gestures expressing sympathy to accident victims or families are inadmissible as an admission of liability in a civil action 9
- Exceptions and limits
- Covers accidents not resulting from willful action. Text does not mention statements of fault 9
- Source
- Massachusetts Legislature 9
RCW 5.64.010 10
- Country
- United States
- Jurisdiction
- Washington 10
- What it protects
- Statements expressing apology, fault, sympathy or compassion by health care providers, and statements on remedial actions, are inadmissible 10
- Exceptions and limits
- Must be conveyed within 30 days of the act or its discovery. Professional negligence claims only 10
- Source
- Washington State Legislature 10
12 V.S.A. § 1912 11
- Country
- United States
- Jurisdiction
- Vermont 11
- What it protects
- Oral expressions of regret or apology by health care providers, including oral explanations of a medical error, are not an admission and are inadmissible 11
- Exceptions and limits
- Within 30 days. Medical errors on or after 1 July 2006. Otherwise discoverable information stays discoverable 11
- Source
- Vermont General Assembly 11
Federal Rule of Evidence 409 12
- Country
- United States
- Jurisdiction
- Federal courts 12
- What it protects
- Offers to pay medical, hospital or similar expenses are not admissible to prove liability 12
- Exceptions and limits
- Does not cover statements made alongside the offer, per the Advisory Committee note 12
- Source
- Legal Information Institute 12
Federal Rule of Evidence 408 13
- Country
- United States
- Jurisdiction
- Federal courts 13
- What it protects
- Settlement offers and statements in compromise negotiations are not admissible to prove or disprove a disputed claim 13
- Exceptions and limits
- Admissible for other purposes such as bias. Some criminal case use where a public office was negotiating 13
- Source
- Legal Information Institute 13
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Notes
- This directory covers laws whose text was read for this page. Other provinces, states and territories have apology provisions. The NSW Ombudsman says other Australian jurisdictions have similar provisions 8.
- Federal Rules of Evidence 408 and 409 are not apology laws. They are listed as they deal with offers and statements often made with an apology 12,13.
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
- legislation.gov.uk: Compensation Act 2006, section 2, Apologies, offers of treatment or other redress
- legislation.gov.uk: Apologies (Scotland) Act 2016
- legislation.gov.uk: Apologies (Scotland) Act 2016, section 2, Legal proceedings covered
- legislation.gov.uk: Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, Part 2, Duty of candour
- Welsh Government: The Duty of Candour Statutory Guidance 2023 (1 April 2023)
- Manitoba Laws: The Apology Act, C.C.S.M. c. A98
- Supreme Court of NSW: Annotated Civil Liability Act, Part 10, Apologies
- NSW Ombudsman: Apologies Guide (September 2024)
- Massachusetts Legislature: General Laws, Chapter 233, Section 23D, Admissibility of benevolent statements, writings or gestures relating to accident victims
- Washington State Legislature: RCW 5.64.010, Civil actions against health care providers, admissibility of expressions of apology, sympathy, fault, etc.
- Vermont General Assembly: 12 V.S.A. § 1912, Expression of regret or apology by health care provider inadmissible
- Legal Information Institute, Cornell Law School: Rule 409, Offers to Pay Medical and Similar Expenses
- Legal Information Institute, Cornell Law School: Rule 408, Compromise Offers and Negotiations