NEWS > AUTUMN 2004
Just Say 'Sorry'
Legislative reforms affecting personal injury claims have recently been made as part of the government's attempt to deal with perceived problems in the insurance industry. One small, but not insignificant, legislative amendment deals with apologies and how they are to be treated as evidence in court.
Traditionally, an exclamation of "I'm sorry" after an incident that caused injuries to a person was construed as an admission of liability to be used against the party who apologised. Recent amendments to the Wrongs Act 1958 ("the Act") expressly remove construing an apology in this way. A new Part IIC inserted into the Act describes an apology as "an expression of sorrow, regret or sympathy but does not include a clear acknowledgment of fault". The apology can be expressed orally or in writing, and can be made before or after legal proceedings are contemplated or commenced. The Act continues to state that an apology does not constitute "an admission of liability for the death or injury", or "an admission of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance...for the purposes of any Act regulating the practice or conduct of a profession or occupation".
It should be noted that the definition of an apology in the Act specifically excludes "a clear acknowledgment of fault". Arguably, the exclamation "I'm sorry" will not be construed as an admission of liability under the new provisions, but the comment "I'm sorry, it was my fault" still will. The message is clear - apologise, but keep it brief!
The new provisions also deal with the reduction or waiver of fees by service providers. The Act states that in proceedings relating to injury or death as a consequence of the provision of a service, evidence of the reduction or waiver of the fees payable for that service does not constitute an admission of liability by the service provider.
Legislative reform in this area offers an attempt to minimise the legal wrangling associated with apologies - those spur of the moment expressions of regret that are often made during, or in the immediate aftermath of, a distressing and traumatic event. They allow us the freedom to express compassion and empathy to one another without compromising our right to justice at a later date.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from our office. | 
