FSL- Thee Funeral Establishment

Funeral Establishment

A facility

 Used in the:

 Care and preparation for the funeral and/or

 Final disposition of dead human bodies.

 Decedents are taken there for preparation before disposition, or

 Funerals are conducted at the establishment

• different states require one, or both

Funeral Establishments May Include:

Funeral home

 Church

 Cemetery

 Crematory

 Other facilities

Cemetery

 Area of ground

 Set aside and dedicated for the final disposition of dead human bodies.

Crematory

 The location of the retort/cremation chamber

 Which will perform the cremation process.

3 types of restrictions can come from:

• licensing/regulations

• deeds

• nuisances

Licensing/Regulations

Police power = Licensing of FDs and FHs.

 States may restrict who can own and operate a FH.

 Courts have routinely upheld state statues

 Not as receptive to rules and regs limitations

Zoning Ordinances

 A law passed by a local unit of government

 Regulates and prescribes land use planning.

 Enforceable through police power

Building Code

Laws, ordinances and government regulations

 Setting forth requirements for _________ of buildings.

 Construction

 Maintenance

 Operation

 Occupancy

 Use, or

 Appearance.

Deeds

A legal document

 Transfers title to a piece of real estate

 Usually recorded in the local county clerk’s office.

• Restrictions

 Restrictive covenant –

 Provision in a deed

 Limiting the use of real property and prohibiting certain uses.

Nuisance

 A landowner's use of property

 Which interferes with

 The public or another landowner’s use of

his property.

 FHs are necessary to public health and

safety.

Nuisance per se

 Acts, occupations or structures

 Which are nuisances

 At all times and under all circumstances

 May be...

 Prejudicial to public morals

 Dangerous to life, or

 Injurious to public rights.

 FHs are not always

Nuisance in fact

 Acts, occupations or structures

 Which are not nuisances per se

 But may become a nuisance

 By reason of the location or manner in which it is operated.

 Common when in residential zoning

Premises Liability

Duty of Funeral Homes: Duty of care to maintain the premises in

a reasonably safe condition

 “In a state that invites in the exercise of ordinary care, will not suffer

injury.” – Mortuary Law

 “It is to be expected that invitees will be emotionally upset after services

and not looking out for themselves”

 Higher standard for the FH

Invitee

One who has been invited on the

property by the landowner;

 Persons coming to a funeral home

for the purpose of:

 Attending funerals

 Viewing remains, or

 Engaging the funeral director’s

services

 *High degree of care owed

Trespasser

One who intentionally and without

consent or privilege

 Enters another’s property.

 *Very little degree of care owed

Specific Invitees to be Mindful of:

 Pallbearers

 Clergy

 A FD will be liable for an injury suffered by a pallbearer or a

member of the clergy if the injury is caused by the tort of the FD