Lesson 3 for Exam 2 Torts Involving Body, Torts Involving FD, Mental Anguish Flashcards
wrongful act committed by one person against another and or their property
tort
torts include
invasion of rights, obstruction of funeral arrangements, mutilation, wrongful withholding
2 duties recongnized by law directly impact FD
- not to interfere with right of burial
2. to exercise reasonable care in keeping FH premises in a reasonable safe condition
invasion of rights include
unauthorized embalming; unauthorized photos of deceased; burial in absence of NOK; right to privacy and confidenciality; failure to comply with wishes
altering of an object/dead body from its original condition
mutilation
post mortem examination of organs to determine cause of death
autopsy
post mortem examination of tissues to determine cause of death
dissection
claim/charge against property for payment of some debt
lien
action to recover possession of personal property
replevin
failure to exercise ordinary care; lack of due care; exercised by a wrongdoer who has not acted as a reasonable person
negligence
failure to do something which a reasonable produent person would do under ordinary circumstances
omission
doing something a normal person would not do under ordinary circumstances
commission
inadequate disinfection, preservation and restoration; early decomp.;
negligent embalming
not maintaining body in a “suitable condition” pending final disposition such as no embalming/refrigerating; failure to honor family requests, improperly supervising cemetery burial
negligent funeral directing
responsible for wrongful acts
tort liability
not under direct control of FD; not FH employees/agents
volunteer drivers
under direction and control of FD;
agent drivers
automotive equipment made available for hire
livery
place of business used in the care and preparation and final disposition of bodies
funeral establishment
not invited; very little degree of care
trespasser
those attending visitation/funeral service
invitee
mental suffereing resulting from grief, wounded pride, severe disappointment, inalgnation, shame, public humiliation, despair, etc. usually accompanied by physical injury caused by outrageous acts, intentional acts, grossly negligence acts
mental anguish
committed with intention or purpose of causing harm
intentional act
committed with complete disregard for proper conduct
outrageous act
committed with complete disregard for acting as a prudent person would under ordinary circumstances
gross negligence act
