Crematory & Cemetery Operations Week 11 || With
verified answers.
Tolerant of mistakes correct answers Cremation as a means of disposition in not.......
Various legal and contractual obligations correct answers The funeral director in carrying out
the duties to care for and dispose of the dead is under .............
A violation correct answers Of any of these obligations can lead to liability in contract or tort
Contractual obligations correct answers The funeral director is responsible for carrying out a
number of duties whether express or implied.
If the funeral director breaches any of these obligations he/she can be liable for damages that
occur as a result of the breach
Tort liability correct answers A wrongful act committed by one person against another person
or his/her property; or defined another way as a private or civil wrong, either intentional or
caused by negligence, for which there may be an action for damages
Intentional tort correct answers When one person deliberately inflicts injury to another person
or damages that person's property
Negligence correct answers Every person owes a duty of care to others, which generally
means that he/she must act as a reasonable person under the circumstances. If that person's
conduct does not meet the required level of care, we say that the individual is in breach of
that duty.
It that conduct is the actual cause as well as proximate cause of an injury, which causes harm
(damages), that person is liable in negligence.
Malpractice correct answers A breach of contract by a professional; failure to perform a
professional service with the ability and care exercised by others in the profession.
6 reasons why cremation represents top liability correct answers 1. cremation is an
irreversible process
2. In the U.S. cremation is for the most part a non participatory event
3. even though the number of cremations continues to increase across the country, many
people remain uninformed about it.
4. the vast majority of cremations are performed at crematories not owned, operated or
affiliated with the funeral home serving the family of the deceased.
5. the client family usually assumes that the funeral home they call for service will actually
perform the cremation.
6. using a non owned off premises crematory means the deceased must be transferred.
What are the specific things that can cause cremation liability correct answers 1. cremating
the wrong body
2. cremating without authority
3. cremating without informed consent
4. cremating jewelry or personal effects
5. cremating medical devices
, 6. commingling cremated remains
7. misidentification of cremated remains
8. misdelivery of cremated remains
Authorization form correct answers A properly filled out and executed ________ _______
can go a long way towards defending the funeral home if sued
Independent contractor correct answers A person who contracts to perform certain tasks for a
set fee, but who is independent of the control of the contracting party as to how the contract is
performed except for any specifications set forth in the contract.
(ex. trade embalmers, hairdressers, livery drivers)
" In almost all the cases" correct answers The funeral home/cemetery/crematory assumes the
liability of all independent contractors. Why? The family hires you, the funeral
director/funeral home to handle the funeral.
Third party crematory correct answers One which is not owned by the funeral director or
funeral home but where the funeral director delivers the deceased to be cremated.
As a funeral director correct answers Are obliged to practice due diligence with respects to all
aspects of the profession by your: Reasonable and prudent actions, following standards of
care, the importance of training and communications for legal compliance and risk
management, and documentation
Compensatory, punitive, liquidated or nominal correct answers Damages that can occur in a
contractual matter are:
Tri-State Crematory Case correct answers Handled cases from funeral homes in Alabama,
Georgia, and Tennessee.
Feb. 2002 investigation began.
334 bodies were found at Tri State Crematory
Remains were stacked in vaults, tossed in buildings, thrown in holes and into the woods.
Filled the containers with wood chips and powdered cement.
THIS IS THE LEAD CASE AGAINST A CREMATORY WHICH LEAD TO MAJOR
CHANGES IN THE CREMATION INDUSTRY.
Sconce-Lamb Cremation case correct answers Came from California
Fire inspector found that a ceramics plant also owned by the Sconces was cremating bodies
illegally.
Disposed of as many as 16,000 bodies between 1985 and 1986.
These actions occurred over a ten year period
Crematory operators were performing multiple cremations as well as commingling cremated
remains
Neptune Society case correct answers Lawsuit for failing to scatter remains over the Sierra
Mountains.
Instead of doing it the right way, the pilot employed to do the scattering did so commingling
the cremated remains and dumping them wherever he wanted.
verified answers.
Tolerant of mistakes correct answers Cremation as a means of disposition in not.......
Various legal and contractual obligations correct answers The funeral director in carrying out
the duties to care for and dispose of the dead is under .............
A violation correct answers Of any of these obligations can lead to liability in contract or tort
Contractual obligations correct answers The funeral director is responsible for carrying out a
number of duties whether express or implied.
If the funeral director breaches any of these obligations he/she can be liable for damages that
occur as a result of the breach
Tort liability correct answers A wrongful act committed by one person against another person
or his/her property; or defined another way as a private or civil wrong, either intentional or
caused by negligence, for which there may be an action for damages
Intentional tort correct answers When one person deliberately inflicts injury to another person
or damages that person's property
Negligence correct answers Every person owes a duty of care to others, which generally
means that he/she must act as a reasonable person under the circumstances. If that person's
conduct does not meet the required level of care, we say that the individual is in breach of
that duty.
It that conduct is the actual cause as well as proximate cause of an injury, which causes harm
(damages), that person is liable in negligence.
Malpractice correct answers A breach of contract by a professional; failure to perform a
professional service with the ability and care exercised by others in the profession.
6 reasons why cremation represents top liability correct answers 1. cremation is an
irreversible process
2. In the U.S. cremation is for the most part a non participatory event
3. even though the number of cremations continues to increase across the country, many
people remain uninformed about it.
4. the vast majority of cremations are performed at crematories not owned, operated or
affiliated with the funeral home serving the family of the deceased.
5. the client family usually assumes that the funeral home they call for service will actually
perform the cremation.
6. using a non owned off premises crematory means the deceased must be transferred.
What are the specific things that can cause cremation liability correct answers 1. cremating
the wrong body
2. cremating without authority
3. cremating without informed consent
4. cremating jewelry or personal effects
5. cremating medical devices
, 6. commingling cremated remains
7. misidentification of cremated remains
8. misdelivery of cremated remains
Authorization form correct answers A properly filled out and executed ________ _______
can go a long way towards defending the funeral home if sued
Independent contractor correct answers A person who contracts to perform certain tasks for a
set fee, but who is independent of the control of the contracting party as to how the contract is
performed except for any specifications set forth in the contract.
(ex. trade embalmers, hairdressers, livery drivers)
" In almost all the cases" correct answers The funeral home/cemetery/crematory assumes the
liability of all independent contractors. Why? The family hires you, the funeral
director/funeral home to handle the funeral.
Third party crematory correct answers One which is not owned by the funeral director or
funeral home but where the funeral director delivers the deceased to be cremated.
As a funeral director correct answers Are obliged to practice due diligence with respects to all
aspects of the profession by your: Reasonable and prudent actions, following standards of
care, the importance of training and communications for legal compliance and risk
management, and documentation
Compensatory, punitive, liquidated or nominal correct answers Damages that can occur in a
contractual matter are:
Tri-State Crematory Case correct answers Handled cases from funeral homes in Alabama,
Georgia, and Tennessee.
Feb. 2002 investigation began.
334 bodies were found at Tri State Crematory
Remains were stacked in vaults, tossed in buildings, thrown in holes and into the woods.
Filled the containers with wood chips and powdered cement.
THIS IS THE LEAD CASE AGAINST A CREMATORY WHICH LEAD TO MAJOR
CHANGES IN THE CREMATION INDUSTRY.
Sconce-Lamb Cremation case correct answers Came from California
Fire inspector found that a ceramics plant also owned by the Sconces was cremating bodies
illegally.
Disposed of as many as 16,000 bodies between 1985 and 1986.
These actions occurred over a ten year period
Crematory operators were performing multiple cremations as well as commingling cremated
remains
Neptune Society case correct answers Lawsuit for failing to scatter remains over the Sierra
Mountains.
Instead of doing it the right way, the pilot employed to do the scattering did so commingling
the cremated remains and dumping them wherever he wanted.
