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When a loved one passes away, we expect them to have a peaceful and respectful burial. Unfortunately, this doesn’t always happen. Sometimes, families will discover that cemeteries will behave negligently and fail to treat the deceased with the dignity they deserve. If you believe that your family is a victim of cemetery negligence, you need a lawyer who understands the magnitude of the wrongdoing, and who will fight ceaselessly to hold the negligent cemetery accountable for its negligence. Fortunately, you’re in the right place. Here at The Finizio Law Group, we are dedicated to fighting for victims of cemetery negligence in Florida, and we stand ready to fight for you, too. Contact an experienced and compassionate Broward County cemetery negligence lawyer from our firm for a free initial consultation today so we can discuss your circumstances.
Cemetery negligence is when a cemetery owner, operator, management company, employee, or another party responsible for cemetery services fails to exercise the level of care that should reasonably be expected under the circumstances, and when a family incurs real damages as a result of this behavior.
Unfortunately, there are many different ways in which a cemetery may fail to properly perform its duties, but some of the most common examples of cemetery negligence are listed below.
An improper burial may occur when a cemetery fails to follow accepted burial procedures or the specific arrangements made by a family. This can include placing remains at an incorrect depth, using the wrong type of burial container, failing to secure a burial vault, or completing the burial in a way that does not comply with the agreement.
A burial in the wrong grave is one of the most serious mistakes a cemetery can make. This may happen because employees relied on an incorrect map, failed to verify plot information, misread cemetery records, or did not confirm the identity of the deceased before the burial was completed.
A double burial can occur when more than one person is buried in the same plot without proper authorization. Additionally, a cemetery may improperly place remains in a plot that was previously purchased, reserved, or intended for another member of a family.
Families depend on grave markers, maps, and cemetery employees to identify the correct location of a loved one’s remains. If records are inaccurate or grave locations are mislabeled, a family may visit and mourn at the wrong location for an extended period before learning the truth.
Human remains may be misplaced, mislabeled, improperly transported, stored in the wrong location, or otherwise mishandled before or after burial. Rather obviously, the loss or careless handling of a loved one’s remains can be particularly traumatic for surviving family members.
Gravesites can be damaged by landscaping equipment, construction vehicles, excavation machinery, flooding, falling trees, or employees who do not take reasonable precautions. Damage may affect the burial plot itself, surrounding decorations, fencing, flowers, benches, or other memorial items.
Headstones are often expensive, deeply personal, and intended to remain in place for generations. If a headstone is cracked, overturned, chipped, destroyed, or removed because of negligent cemetery operations, the responsible party may be required to pay for its repair or replacement.
Cemetery operators are generally expected to keep their property in reasonably safe and respectful condition. A failure to maintain cemetery grounds may involve:
Improperly maintained landscaping can create serious hazards for visitors, particularly elderly relatives or individuals with mobility limitations. Exposed roots, holes, loose soil, uneven pathways, and overgrown plants can lead to preventable falls and other injuries.
Graves may collapse when the soil was not properly compacted, when burial vaults fail, or when cemetery employees do not use appropriate excavation and filling procedures. A collapsed grave can damage the burial site, create an unsafe condition, and cause substantial emotional distress for the family.
Sinkholes are a well-known concern in Florida, and cemetery operators should take reasonable steps to inspect their property and respond to signs of ground instability. If a sinkhole develops near a burial site and is ignored, graves, headstones, walkways, and visitors may all be placed at risk.
Excavating a grave requires care, planning, and an accurate understanding of where surrounding burial sites are located. Improper excavation can lead to soil collapse, damage to nearby plots, and the accidental exposure or disturbance of remains.
Heavy machinery used to prepare one grave can damage neighboring graves if cemetery employees fail to take proper precautions. Nearby headstones may be struck, soil may be displaced, and older burial vaults may be cracked or disturbed during the process.
Human remains may be disturbed during excavation, construction, utility work, landscaping, or cemetery expansion projects. When remains are uncovered, displaced, or damaged because proper procedures were not followed, affected family members may have legal options.
Disinterment refers to the removal of human remains from a burial location. Cemeteries generally cannot remove or relocate remains whenever they wish, and doing so without proper authorization, legal approval, or family consent may violate Florida law and the rights of surviving relatives.
When remains are lawfully removed from one burial site, they must be handled carefully and reburied in accordance with applicable requirements. Improper reinterment can involve placing remains in the wrong plot, failing to preserve identification, damaging remains, or ignoring the family’s instructions.
Cemeteries may contain valuable metal decorations, religious objects, memorial items, and personal belongings left by family members. If a cemetery has a history of theft or vandalism and fails to take reasonable security measures, it may bear responsibility for certain resulting losses.
Cemetery records are extremely important, as they establish who is buried in each location, who owns burial rights, and which plots are available. When records are lost, destroyed, or poorly maintained, families may be unable to locate loved ones or prove that they purchased a particular space.
An inaccurate grave map can result in a chain of serious mistakes. A cemetery may bury someone in the wrong location, disturb an occupied plot, sell an unavailable grave, or provide a family with incorrect information regarding where a loved one is buried.
A cemetery may sell the same burial plot to two different individuals or families because of poor records, improper oversight, or intentional misconduct. When this happens, one or both purchasers may suffer financial losses and may be forced to make new burial arrangements at a particularly difficult time.
Families often provide specific instructions regarding the location of the grave, the placement of the casket, religious practices, memorial items, headstone inscriptions, and other aspects of burial. A cemetery’s failure to follow those instructions may amount to negligence or breach of contract.
Cemeteries are properties that members of the public are invited to visit, which means owners and operators may have a duty to address dangerous conditions. Examples can include:
Most cemetery errors do not happen without a reason. Frequently, an investigation reveals that the mistake was caused by poor procedures, inadequate management, or an ongoing failure to take cemetery operations as seriously as required.
Employees who are not properly trained may not know how to verify burial locations, handle remains, operate machinery, maintain records, or respond when a mistake occurs. Unfortunately, even one poorly trained employee can cause an error that cannot easily be undone.
When employees are performing burials or excavating graves, it’s imperative that they are adequately supervised. When they aren’t, serious errors can go unnoticed.
Cemeteries aren’t unique in that they, like many other businesses, suffer from being short-staffed. Staffing shortages lead to a wide array of issues, such as causing employees to rush, perform unfamiliar tasks, or manage more work than they can reasonably handle. Put together, this can drastically increase the chances of serious mistakes occurring.
Poor recordkeeping is one of the most common causes of cemetery negligence. Inaccurate or incomplete records can lead to:
A cemetery that regularly delays maintenance may eventually develop numerous unsafe and disrespectful conditions. Graves can collapse, trees can fall, headstones can shift, roads can deteriorate, and vegetation can cover burial markers.
Reducing staff, postponing repairs, avoiding security improvements, or using unqualified contractors may save a cemetery money in the short term. That being said, these cost-cutting measures can also place human remains, gravesites, and visitors at considerable risk.
Not every person who is emotionally affected by cemetery negligence will necessarily have the right to bring a lawsuit. The right to file a claim, sometimes referred to as legal standing, will depend on the relationship between the person bringing the claim, the deceased individual, the burial contract, and the type of misconduct involved.
Immediate family members include parties such as surviving spouses, children, or parents. These individuals may have the right to pursue a claim in certain circumstances.
The personal representative of the deceased person’s estate may have the authority to bring certain claims on behalf of the estate. Whether the claim belongs to the estate or to individual relatives will depend on the nature of the loss and the legal theory involved.
A person who purchased a burial plot, prepaid burial services, or entered into a contract with the cemetery may have contractual rights even if that person is not the closest surviving relative. If the cemetery fails to provide the purchased plot or services, the buyer may be able to pursue compensation.
If you believe that you are a victim of cemetery negligence, you should do everything in your power to document the incident(s). Though you may understandably wish to confront cemetery management immediately, it is important to document the condition before repairs are made, records are changed, or items are removed. Some of the most important steps you can take are as follows:
The compensation available in a successful cemetery negligence lawsuit will depend on the type of wrongdoing involved and the losses suffered by the family. Some cases are primarily based on financial harm, while others involve emotional distress, damaged property, breach of contract, or the mishandling of human remains. Depending on the circumstances, compensation may be available for the following:
Here at The Finizio Law Group, you have an ally when you feel most betrayed by the actions of others. If you were wronged by a cemetery or funeral home, you can depend on a knowledgeable and dedicated cemetery negligence lawyer from our firm to fight for the justice you deserve. Contact us today for a free consultation so we can begin building your case.
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