Sadly, in this "check with your attorney" world, the very first thing they tell you is never ever, under any circumstances or in any way indicate the possibility of any wrongdoing on your part, accidental or otherwise.
Who is at fault is something that should only be decided in court at $450/hour.
As businesspeople, it is our job to take the advice of counsel, and integrate that into our strategy. They do not dictate strategy.
In other words, its sometimes better to admit and apologize, even if it means you may face a worst court case by doing so. Depending on the situation, it may be beneficial to lose a court case but win customers over for the long run.
I remember reading about a proposal for a kind of "good samaritan" type law that would prevent people from being made liable through giving an apology. (I think this was specifically for medical malpractice.) It seems like a good idea.
I think some of this problem comes about because of ambiguity in the english language that prevents us from expressing ourselves properly. Saying sorry can mean both that you feel regret but it also can mean that you accept responsibility, and which is which is ambiguous. It's a shame that one can't apologize sincerely and then argue in court that your apology was the former and not the latter - but it seems you can't.
If we just had a better way of saying this kind of thing then I think a lot of the problem would go away.
Who is at fault is something that should only be decided in court at $450/hour.
We have taken their advice with alacrity.