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Legal Insight: Why sorry shouldn't be the hardest word



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Published Date: 28 October 2008
Although frequently used in conversation, the word "sorry" is still not something used lightly – particularly in a potentially commercial context.
Even the most respectable organisations, including the emergency services, Government Ministers and the military, appear to fight shy of making an apology, preferring to talk about "regrettable incidents" or "collateral damage".

In many cases, companies fear that an apology is tantamount to an admission of guilt and could, therefore, increase the risk of a potential claim.

However, many personal injury lawyers believe that the opposite is true – if companies were open and honest in their explanation of what went wrong, this could well avoid litigation.

Many victims only take legal action to try to understand what has happened and to obtain that elusive apology for any mistakes made.

So what responsibilities does an organisation have to "fess up" and when is the right time to say sorry?

Prior to the introduction of the Compensation Act 2006, most companies would not say sorry – either in word or deed – for fear of this being seen as an admission of liability.

However, the Compensation Act states that "an apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty".

There is, therefore, no legal liability implicit in saying sorry.

This is not something that appears to be widely understood by the business community.

In their efforts to second-guess the reaction of potential claimants, companies and organisations are wary of sending out signals that would encourage them to press ahead with – or even increase – individual claims.

Any assertion that would-be claimants are seeking an apology rather than damages, is generally viewed with cynicism.

However, there are signs that this could change. Some of the UK's leading global brands – including ITV – have made fulsome apologies to the public. By leading the way, they demonstrate genuine customer focus, while increasing their already high credibility and corporate reputation.

So, sorry really shouldn't be the hardest word. Provided an apology is timely and sincere, it does more to protect and enhance reputation than it does to stimulate spurious claims.

At the end of the day, it is no substitute for a robust legal defence – but it goes a long way towards establishing confidence and trust.

Owen Rees is a partner in the injury/risk team at Beachcroft in Leeds.

The full article contains 404 words and appears in n/a newspaper.
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  • Last Updated: 28 October 2008 12:16 PM
  • Source: n/a
  • Location: Yorkshire
 
 

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