Apology, sympathy, and empathy: The legal ramifications of admitting fault in U.S. public relations practice

• Federal and state laws may categorize apologies as admissions of fault.
• Apologetic statements can be used as evidence at trial.
• State laws sometimes ban apologies from being used as evidence at trial.
• PR practitioners need to know how jurisdictions view apologetic statements.

This study examines the litigation ramifications of apologies given during a crisis. Examining federal and state laws on the evidentiary issues affecting apology, this study shows that in 38 jurisdictions apologies are not admitted into evidence at trial if the apology contains certain characteristics. From this analysis practical suggestions are given to PR practitioners on how to craft legally protected apologies during a crisis.