week 3 Flashcards
1
Q
classification of drivers (3)
A
- livery service
- agent drivers
- volunteer drivers
2
Q
FD liability if holds out as “their own” cars and drivers
A
livery service
3
Q
FD liable for employees and other agents
A
agent drivers
4
Q
FD not liable; unless FD commits tort
A
volunteer drivers
5
Q
liability of FD for torts of volunteer agents
A
- instructions to drivers
- in writing- signed by drivers
- restrictions correct
- following too close ; 4 way flashers
- intersections/traffic control devices - who is excluded from the procession
6
Q
Funeral establishment
A
- maintain premises for:
- safety of people in the premises
- safeguarding/care of the dead body
- transportation
- preparation
- compliance with laws
- handicap
7
Q
premises ; to avoid liabilty
A
- trespasser
- slight care - invitee
- sales people; delivery person; mail
- ordinary care - visitors
- higher level
8
Q
off site venues for liability
A
- level of care
- religious facilities
- cemeteries
- crematories
- non traditional
- residence
- municipal parks
- auditorium
9
Q
location of establishments
A
- zoning; land use planning
- ordinances
- classifications
- -residential, commercial, industrial
- special use permits
- variance
- grandfathered
- limited on change - restrictive covenants
- title search; deeds
10
Q
building codes
A
- ordiances
- construction/maintenance/occupancy
- examples; parking lots
11
Q
operation of establishment
A
- law of nuisance
- conduct interferes with public enjoyment - nuisance in fact
- circumstances of operation - nuisance per se
- specific type of operation always a nuisance
- -junk yards, mulch piles, slaughter house - funeral establishment
- not a nuisance per se
12
Q
funeral establishment operations
A
- affiliated businesses
- funeral establishment
- creamtory
- cemetery
- monuments
- floral shops - prohibited combinations of
- ownership
- operation
- rent/use
13
Q
bailments
A
- transfer of possession but not ownership
- personal property
- upon condition identical property returned
- bailor
- -owner of property - bailee
- person in possession - bailments in funeral industry
- jewelry
- photographs
- personal effects - not bailment
- dead body
14
Q
bailment
A
classified as mutual benefit bailment
-issues; burial/return of property at conclusion of services/claims by heirs
15
Q
covenants not to compete
A
- convenant vs. contract
- bare covenant
- void - enforceable if included in contract of
- purchase of business
- employment - reasonable terms; area, time, etc
16
Q
music copyrights
A
- federal copyright act of 1976
- grants a copyright to protect
- creator of music and/or lyrics
- the performer - license/royalty
17
Q
HIPPA
A
- privacy rule
- covers med records and health info
- requires safeguard to protect disclosures without permission
- electronic, written, and oral - extends to funeral directors
18
Q
OSHA
A
- requires employers provide a safe workplace for employees
19
Q
OSHA in the funeral industry
A
- formaldehyde exposure standard
- hazard communication standard
- blood borne pathogens standard
- needle stick safety and prevention act
20
Q
Environmental protection act (EPA)
A
- sets standard for burial at sea
21
Q
ADA
A
- prohibits discrimination against disabled
- employment
- public accommodations
- public transportation
- telecommunication services - enforced by equal employment opportunities commission (eeoc)
- public accomodations
- private entities- open to the public
- act lists funeral parlor
22
Q
ADA public accommodations applies too:
A
- new structures after 1993
- altered buildings
- existing prior act
- undue hardship
- without much difficulty
23
Q
ADA disability
A
- mental or physical impairment that prevents participation in major life activities
- psychological or mental disorder, such as emotional or mental illness, mental retardation, organic brain syndrome, and learning disabilities
- examples; epilepsy, cerebral palsy, mental retardation, drug addition, hiv
also protects family or association with disabled person
24
Q
ADA not disabilities
A
- exhibtionism, compulsive gambling, kleptomania, psychoactive substance abuse disorders resulting from current illegal use of drugs
25
Q
ADA stnadards
A
- 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
