Seven Legal Obligations of Cemetery Owners

Seven Legal Obligations of Cemetery Owners

Owners of cemeteries, funeral homes, and crematories can be held legally responsible if they mishandle the dead or violate their duties to the living. Here are seven legal responsibilities of cemetery owners you should be aware of:

  1. They must avoid harm to the remains of the deceased
    • One of the most basic duties that cemetery owners, funeral home owners and crematory owners must adhere to is avoiding undue harm to the remains of the dead. This means they must be delivered intact to the funeral and the cemetery, or that the ashes must be delivered in appropriate condition to the bereaved.
  2. They must ensure the body is properly stored and embalmed
    • Funeral home owners are responsible for embalming and otherwise preparing the dead for a funeral. This includes ensuring it is appropriately stored to avoid undue damage to the body from decomposition or other issues that may arise.
  3. They must ensure they are burying the correct body
    • While this may seem obvious, it is essential that cemetery owners and others involved in the funerary process are burying the correct body. Unfortunately, mishaps do happen from time to time, resulting in bodies getting switched and the wrong body getting buried.
  4. They must avoid damaging the grave site
    • Cemetery owners and their employees are also responsible for ensuring the grave site is not damaged, whether before, during or after the funeral. This includes avoiding damage to the headstone as well as avoiding unnecessarily disturbing the body once buried.
  5. They must avoid taking possessions from the dead
    • It is reasonably common for people to bury the dead with valuable personal possessions, such as their favorite clothing or jewelry. Unfortunately, dishonest workers may try to steal these possessions for themselves, profiting directly from the deaths of people’s loved ones.
  6. They must provide all services as agreed to
    • Cemetery owners and others involved in the funeral are supposed to provide all services as agreed to, including ensuring they are buried in the correct coffin. If you are not careful, a dishonest funeral owner may try to switch out their coffin for a cheaper one to save themselves money on funeral expenses.
  7. They must deal honestly and fairly with the bereaved
    • Everyone who comes to a funeral home or cemetery for the funeral of a loved one is suffering from grief, and that can make them easy prey for dishonest cemetery owners or funeral home owners. They may use the opportunity to add extra fees or charges to the service, increasing the profits they make from the bereaved.

If you or someone you know has been in an accident that was the result of someone else’s negligence, contact the New York personal injury lawyers at the Katter Law Firm. We will help you protect your rights and get the compensation you deserve. To schedule a consultation, contact us at 212-809-4293, or visit our contact page.

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