Duties of the Funeral Director Flashcards
The funeral director in carrying out the preparation of the body and the direction of the funeral service is under various legal and contractual duties. The sources of these duties are
Statutory laws of the state
Requirements of the funeral contract
Common law
In nearly all jurisdictions, the funeral director is required to obtain permits from appropriate authorities to arrange for the proper disposition of the dead. Typically, this involves obtaining what?
Death Certificate
Burial Permit
Transit Permit
State and municipal statutes and regulations which require these permits have been upheld by courts as
Reasonable exercises by the state of its police power to protect the health of the public
In Meyers v. Clarke, the court found that a regulation of the Department of Health requiring a burial permit to be issued before a decedent could be interred was a reasonable measure to
prevent the spread of contagious diseases
There are a number of statutes and regulations which regulate the practices of
Embalming and funeral directing
With regard to the proper handling, preparation, and burial of the bodies, the funeral director will have to
be aware of the relevant statutes and regulations in his or her jurisdiction
When the funeral director enters into the funeral contract, whether oral or written, he or she promises to
undertake certain obligations
If the funeral director breaches these obligations, he or she is liable for
damages
Damages are mainly
emotional distress that can result when the services of the funeral director are not carried out as promised
When a funeral director contracts to embalm a body, he or she undertakes to use the skill and care of reasonably prudent and careful individual skilled in the art of
embalming
If the embalming falls short of that standard of care, the funeral director will be held
liable for the damages that result
The failure of a funeral director to perform the many duties involved in directing the funeral service will give to
liability
The funeral home/director may be held liable for unforeseen circumstances if it does not take reasonable precaution to
Safeguard the body
Funeral Director have failed to comply with privacy in the following ways
Confidentiality regarding the death or for privacy during the funeral arrangements
Exclude unwanted visitors
This can be disclaimed in some states, but not in MD
Warranties of Merchantability
Warranties of Fitness for a particular purpose
Funeral directors have a legal duty to transport passengers in a
Safe, non-negligent manner
In order for liability, it must be shown that the driver was
an Agent of the funeral home
Funeral directors who offer aftercare, such as counseling, can be held liable and sued for malpractice if they
Fail to recognize suicidal tendencies
List the General Duties of the Funeral Director
Duty not to interfere with the right of burial
Duty of exercising reasonable care to keep the funeral home premises or other places under the control of the funeral director in a reasonably safe condition
List some torts that Funeral Directors can committ
Wrongfully withholding the body for non-payment Loss of body Interring the wrong body Mutilation of the body Injury to invitees Injury to pallbearers and clergymen
The courts have permitted recovery for mental anguish as a result of this in the absence of physical trauma
Breach of Contract
Why have the courts permitted recovery for mental anguish as a result of breach of contract?
Because the contract was concerned with life and death and matters of mental concern and solicitude which should have put the funeral director on notice that mental anguish would result from his breach
Punitive damages are awarded to
punish the defendant
These are not available in simple negligence
Punitive Damages
