week 3

Question 1

classification of drivers (3)

Answer 1

1. livery service
2. agent drivers
3. volunteer drivers

Question 2

FD liability if holds out as “their own” cars and drivers

Answer 2

livery service

Question 3

FD liable for employees and other agents

Answer 3

agent drivers

Question 4

FD not liable; unless FD commits tort

Answer 4

volunteer drivers

Question 5

liability of FD for torts of volunteer agents

Answer 5

1. instructions to drivers
   - in writing- signed by drivers
   - restrictions correct
   - following too close ; 4 way flashers
   - intersections/traffic control devices
2. who is excluded from the procession

Question 6

Funeral establishment

Answer 6

1. maintain premises for:
   - safety of people in the premises
   - safeguarding/care of the dead body
   - transportation
   - preparation
   - compliance with laws
   - handicap

Question 7

premises ; to avoid liabilty

Answer 7

1. trespasser
   - slight care
2. invitee
   - sales people; delivery person; mail
   - ordinary care
3. visitors
   - higher level

Question 8

off site venues for liability

Answer 8

1. level of care
   - religious facilities
   - cemeteries
   - crematories
   - non traditional
   - residence
   - municipal parks
   - auditorium

Question 9

location of establishments

Answer 9

1. zoning; land use planning
2. ordinances
   - classifications
   - -residential, commercial, industrial
   - special use permits
   - variance
   - grandfathered
   - limited on change
3. restrictive covenants
   - title search; deeds

Question 10

building codes

Answer 10

1. ordiances
2. construction/maintenance/occupancy
   - examples; parking lots

Question 11

operation of establishment

Answer 11

1. law of nuisance
   - conduct interferes with public enjoyment
2. nuisance in fact
   - circumstances of operation
3. nuisance per se
   - specific type of operation always a nuisance
   - -junk yards, mulch piles, slaughter house
4. funeral establishment
   - not a nuisance per se

Question 12

funeral establishment operations

Answer 12

1. affiliated businesses
   - funeral establishment
   - creamtory
   - cemetery
   - monuments
   - floral shops
2. prohibited combinations of
   - ownership
   - operation
   - rent/use

Question 13

bailments

Answer 13

1. transfer of possession but not ownership
2. personal property
3. upon condition identical property returned
4. bailor
   - -owner of property
5. bailee
   - person in possession
6. bailments in funeral industry
   - jewelry
   - photographs
   - personal effects
7. not bailment
   - dead body

Question 14

bailment

Answer 14

classified as mutual benefit bailment

-issues; burial/return of property at conclusion of services/claims by heirs

Question 15

covenants not to compete

Answer 15

1. convenant vs. contract
2. bare covenant
   - void
3. enforceable if included in contract of
   - purchase of business
   - employment
4. reasonable terms; area, time, etc

Question 16

music copyrights

Answer 16

1. federal copyright act of 1976
   - grants a copyright to protect
   - creator of music and/or lyrics
   - the performer
2. license/royalty

Question 17

HIPPA

Answer 17

1. privacy rule
2. covers med records and health info
3. requires safeguard to protect disclosures without permission
   - electronic, written, and oral
4. extends to funeral directors

Question 18

OSHA

Answer 18

1. requires employers provide a safe workplace for employees

Question 19

OSHA in the funeral industry

Answer 19

1. formaldehyde exposure standard
2. hazard communication standard
3. blood borne pathogens standard
4. needle stick safety and prevention act

Question 20

Environmental protection act (EPA)

Answer 20

1. sets standard for burial at sea

Question 21

ADA

Answer 21

1. prohibits discrimination against disabled
   - employment
   - public accommodations
   - public transportation
   - telecommunication services
2. enforced by equal employment opportunities commission (eeoc)
3. public accomodations
   - private entities- open to the public
   - act lists funeral parlor

Question 22

ADA public accommodations applies too:

Answer 22

1. new structures after 1993
2. altered buildings
3. existing prior act
4. undue hardship
   - without much difficulty

Question 23

ADA disability

Answer 23

1. mental or physical impairment that prevents participation in major life activities
2. psychological or mental disorder, such as emotional or mental illness, mental retardation, organic brain syndrome, and learning disabilities
3. examples; epilepsy, cerebral palsy, mental retardation, drug addition, hiv

also protects family or association with disabled person

Question 24

ADA not disabilities

Answer 24

1. exhibtionism, compulsive gambling, kleptomania, psychoactive substance abuse disorders resulting from current illegal use of drugs

Question 25

ADA stnadards

Answer 25

1. removal of barriers
   - install ramps, mark curb cut in sidewalk, raised markings on elevator buttons, install grab bars in rest room, accessible parking spaces, etc.
   - easily accomplished and able to be carried out without much difficulty or expense
   - nature and cost