Legal Question in Personal Injury in California
Funer home problems
Im not sure if this is where my question should be but here it is: The person buried next to my mother, looked as though, they were partially placed on top of my mothers grave. I did measurements, how much room there should be according to the coffin size and it looked as there wouldn�t be enough space to place them both along side. I was told there was 2� left in b/w my mother and this person, which i find unbelievable. The lawn that once covered the grave was now harden mud w/tire tracks w/other problems. I went to see a manager in re: to this matter, he reassured me the person wasn't placed on top of my mothers coffin, though he stated to me that they had no idea an adult was buried there. He thought that it was a child, until opening the site. This mgr told me to give the funeral homes mgr a call. It�s been a month since this occurred and again we are faced with the problem. Another person was buried across from her, the gravesite is once again dirt, and tire tracks w/ a sinking gravesite. We were told it was because of water saturation. It hasn�t rained in months, I�m frustrated w/ this on going problem. I�m not getting any call backs fm the mgr.
There is more to this, but I cant submit all of it, Please Help~
1 Answer from Attorneys
Re: Funer home problems
Health & Safety Code section 8113.1 requires at least 18" of dirt on top of a casket as measured at the time of burial.
Section 8113.4 states that "[c]emeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount of turf, dirt, or other covering, as required by this chapter, for burials occurring after January 1, 1993."
And section 8113.5 states as follows: "(a) Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double burial consented to by both parties, no person shall knowingly or willfully inter the remains of more than one body in a single plot, or place a casket or other human remains in an already occupied grave. [�] (b) Violation of subdivision (a) is a crime punishable as follows: (1) A first offense, or a second offense not committed within a year of the first, is punishable as a misdemeanor by imprisonment in the county jail not exceeding one year. (2) A second offense committed within a year of the first offense is punishable as a misdemeanor or a felony by imprisonment in the county jail not exceeding one year, or in state prison. (3) A third or subsequent offense shall be punishable as a felony by imprisonment in the state prison."
Thus, unless the cemetery director wants to face the wrath of law enforcement, it would behoove him/her to properly relocate the other caskets.
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