ABSTRACT

One legal journal defines funeral service as “the profession of administrating or supervising funerals for profit” [21. Improper rendition of these services-a failure to meet certain standards of care toward both the decedent and his family-may result in liability as in any business relationship. The funeral profession is uniquely at risk in the damage portion of any litigation, however, as the law increasingly bases any recovery on the feelings of the living for the dead. In assessing liability against a funeral home, one judge commented, “What else were the mourners bargaining for other than peace of mind that their loved one would be buried properly” [31.