When that mistake might be very costly litigation-wise, and anything you say/do might be brought up in court, it's time to break out the business speak and obfuscate like there is no tomorrow.
That might be a good choice for a large company, as they already have lawyers on staff, can afford to pay for a lawsuit, and have enough money to advertise away the reputational stain.
I'm not sure it's a good idea for a startup, though. Unless you are well funded, just dealing with a lawsuit could be fatal given the reputational cost, the legal bills, and the amount of founder time that will get soaked up. Personally, I'd try to be human and humane about it.