chapters 5 funeral service operations

Question 1

drivers in a procession do not have the right to disobey traffic laws or regulations of the road meaning;

Answer 1

they may not pass through red signals, ignore stop signs, speed, pass stopped school buses, or desregard any other traffic law unless directed to do so by an authorized public official such as a police officer, flag person, or traffic aide, although therre are exeptions as many states have laws and rules specific to the funeral processions when on public highways

Question 2

there are three potential driver relationships that may exist;

Answer 2

1 livery
2 volunteer drivers
3 agent drivers

Question 3

livery is defined as aoutomotive equipment made available for hire;

Answer 3

for hire vehicles incude a driver and these drivers are under the direct control of the funeral establishment that has contactually hired them. when establishments hold out these vehicles and drivers as their own, they assume responsibility for any negligent acts or ommisions.
(used but not owned)

Question 4

volunteer drivers are not under the control of the funeral director and have no formal relationship with the funeral establishment

Answer 4

drivers do not act as an agent of the funeral director or the funeral establishment and would not in most cases expose the establishment to liability exposure for any civil tort claim based on the acts or omissions of the driver or the operation of their vehicles
(family and frients that follow the procession in their own personal vehicles)

Question 5

agent drivers are under the direction and control of the funeral establishment which is then liable for the driver’s negligent actions

Answer 5

agent drivers are most often employees of the establishment and may drive the lead car, flower vehicles, pallbearer cars, and the hearse. they may also be called upon to park vehicles owned by visitors when they arrive for funeral service events, or be required to move vehicles into position in prep for a funeral procession

Question 6

funeral establishment owners have a duty to maintain the premises (land and structures thereon) for the purposes of

Answer 6

providing for the safety and security of families and visitors, as well as employees working in the facilities

Question 7

the level of care given to those who enter premises depends on the status of the visitor;

Answer 7

a tresspasser- defined as on who intentionally and without consent or privelage enters another’s property. is owed very little care

an invitee- defined as one who has been invited on the property by the landownder, such as cisitors to a funeral establishment for the purposes of attending a funeral or visitation- are owed a much higher degree of care (also includes employees, salespersons, vendors, and delivery men)

Question 8

the level of care expected- and therefore the potential for any liability exposure- may also depend on the particular premises where a funeral director is engaged in providing funeral services including;

Answer 8

1 funeral establishments
2 religious facilities, cemetaries, and crematories
3 other venues

Question 9

Funeral establishments

Answer 9

the highest degree of care is owed to funeral establishment invitees and visitors. this is especially true when funeral service events are taking place in the facility, and the funeral director is assisting others in performing related tasks. (liability may attach if pallbeareres are injured even though they volunteer for the job.

Question 10

religous facilities, cemeteries, and crematories

Answer 10

funeral directors have been found to be jointly liable for injury or harm suffered in off site locations- such as a church, cemetery, crematory or a public park- because they are by contract with the family obligated to supervise funeral events taking place. courts have held it is a reasonable expectation for a funeral director-giving direction to others and controlling various aspects of the events- to identify potentially injuourous conditions and take steps to lessen any exposure to those in attendance

Question 11

regulations enacted by local municipalities- as opposed to those enacted by federal and state authorities are called

Answer 11

local laws or local ordinances

Question 12

nuicances

Answer 12

a landowners use of property which interferes with the public or another landowners use of their propery.

Question 13

nusance in fact

Answer 13

an act, occupation or structure that is not a nuisance per se but may become a nuisance by circumstances of the location or manner in which it is operated. a funeral establishment is usually not a nuisance in fact but could become one if they fail to operate properly, such as exposing human remains to public veiw or improperly disposing of contaminated waste

Question 14

a funeral establishment could become a nuisance in fact, how

Answer 14

if they fail to operate properly, such as exposing human remains to public veiwing or improperly disposing of contaminated waste

Question 15

what are the allied proffesions and affilliations

Answer 15

1) crematory
2) Cemetary
3) retail/ commercial businesses

Question 16

crematory

Answer 16

states may prohibit a funeral establiishment from directly operating a crematory or having any investment or financial interest in their operaton by others, they may also restrict them from entering into any agreements or relationships that provide a commission, rebate, or discount for the exclusive use of a particular crematory

Question 17

cemetary

Answer 17

states may prohibit funeral estab. from leasing or using real property owned or operated by a cemetery or cemetery corporation

1) sittont on the ruling boarts that govern a cemetery
2) entering into cross- marketing aggrements for goods and services
3) the exercise, control, or management of a cemetery by a funeral est under any circumstance

Question 18

tetail/commercial bussiness

Answer 18

states may prohibit a funeral est. from sharing their facility building or space with other specified types of business