Legal Question in Civil Litigation in Georgia
After my sister funeral service we drove to the cemetery for the burial and come to find out that no gravesite had be prepared for her. the family was very upset and embarrassment.
2 Answers from Attorneys
And what is your question?
I think the question is "what can be done since the cemetery screwed up?" I can understand the embarrasment and distress, but I do not think you have much of a case. My advice would be to sit down with the owner and try to negotiate something - some money off the cost of the site or headstone. Intentional/negligent infliction of emotional distress is hard to prove and requires physical impact. There wasn't any here.
However, her immediately family (husband or adult children) may wish to consult an attorney to confirm what I have stated about negligent infliction of emotional distress and to see if there are any other causes of action - maybe one for breach of contract, but only if you arranged to bury at higher cost at another cemetery.