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Personal Injury Litigation: Tort Action for Interference with a Dead Body (Hewlett Harbor, NY)
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligently removes, withholds, mutilates, or operates upon the body of a dead person or when he or she prevents the proper burial or cremation of the dead body. The person who commits this tort is liable for damages to the family member or members of the deceased person.
In order to recover damages for the tort of interference with a dead body, the family member or members of the deceased person must have been entitled to the disposition of the deceased person's body. In other words, the family member or members must have been entitled to the exclusive control of the deceased person's body. In most states, the surviving spouse is generally the person who is deemed to be entitled to the disposition of the deceased person's body. If there is no surviving spouse, the next of kin are entitled to the disposition of the deceased person's body. The deceased person's executor or administrator may also be entitled to the disposition of the deceased person's body. However, there may be circumstances under which a person who has an interest in the deceased person's body, such as the deceased person's relatives, would be entitled to damages. For example, if the deceased person's relative was present when there was interference with the deceased person's body, that relative may be entitled to damages for his or her emotional distress.
If a deceased person leaves instructions with regard to the disposition of his or her body or his or her organs, the person with whom the deceased person left the instructions will not be liable if he or she follows those instructions. However, the instructions must be legally valid and binding on the person. Also, a coroner who performs an authorized autopsy on a deceased person's body is not liable for the tort of interference with a dead body.
The tort of interference with a dead body applies to intentional acts, reckless acts, and negligent acts. An undertaker who negligently or recklessly embalms a deceased person's body is liable for the tort if he or she harms the body or if he or she prevents the body from being properly buried or cremated.
Damages for the tort of interference with a dead body include damages for physical injuries and for emotional distress. A plaintiff does not need to sustain physical injuries in order to recover for his or her emotional distress.
Examples of the tort of interference with a dead body include an unauthorized autopsy, an unauthorized disinterment, holding or refusing to release a dead body for burial or cremation, and burying a dead body in the wrong cemetery. |
View more 'Personal Injury Litigation' Newsletter Articles in Hewlett Harbor, NY from Kiley Law Firm:
| Liability of Air Traffic Controllers
Torts: Transportation Torts: Aviation
Air traffic controllers are responsible for the flow of air t
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| Tort Action for Interference with a Dead Body
Under the common law, a person commits a tort when he or she intentionally, recklessly, or negligent
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| Liability of Airlines
Transportation Law: Air Transportation: Personal Injury & Property Damage
An airline may be liable
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| Transferred Intent
In order to prove an intentional tort, such as assault or battery, a plaintiff must show that a defe
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| Tort Action for Causing a Minor Child to Leave Home
Family Law: Parental Duties & Rights: Care & Control of Children
Under the common law, a person who
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| SUM Coverage - Protect Yourself From Underinsured Drivers
Dangerous drivers are one of the greatest hazards on the roads today. Dangerous drivers with "minimu
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| Miscellaneous Driving Rules
Transportation Law: Private Motor Vehicles: Traffic Regulation
In addition to rules regardi
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| Real Estate
Nuisances
Every property owner is entitled to use his land in a reasonable way. His use, ho
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| Interference With a Contract
When parties come together to form a contract, a third party may interfere with the performance of t
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| Parental Immunity
Traditionally, the legal doctrine of "parental immunity" prohibited a minor, unemancipated child fro
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| Alienation of a Spouse's Affections
Under the common law, there existed a tort for the alienation of a spouse's affections. Although mos
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View more 'Personal Injury Litigation' News in Hewlett Harbor, NY from Kiley Law Firm:
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| Kiley, Kiley & Kiley obtains $210,000.00 settlement for elderly accident victim (Personal Injury Litigation in Hewlett Harbor, NY, 2006-Mar)
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| Motor Vehicle, Left Turn - Wesley Shirley v. Meredith and Barry Kaminsky, No 23663/98 (Verdict Search) (Personal Injury Litigation in Hewlett Harbor, NY, 2001-May)
Motor Vehicle
Case Type: Left Turn
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Teacher's Assistant tripped on unlevel floor. Case Type: Trip and Fall, Premises Liability - School,
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| Motor Vehicle, Stop Sign - John Petropolis v Dennis Montenez;, No. 22973/99 (Verdict Search) (Personal Injury Litigation in Hewlett Harbor, NY, 2000-Oct)
Motor Vehicle
Verdict: (P) $400,000. Case Type: Stop Sign
Case Name: John Petropolis v Dennis Mont
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| Motor Vehicle, Passenger - Andre Primus V Marco Sloan; Boston Coach - N.J. Corp; Eloston Coach Connection Corp, and FTM Servi, No. 32107/00 (Personal Injury Litigation in Hewlett Harbor, NY, 2002-Feb)
Motor Vehicle
Decision: (P) $950,000.00
Case Type: Passenger
Case Name: Andre Primus V Marco Sloa
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| Motor Vehicle, William Flynn v. Benjamin Augustine and Jacob Singer Sons, Inc., No. 029765/92 (Verdict Search) (Personal Injury Litigation in Hewlett Harbor, NY, 1995-Sep)
Motor Vehicle
Settlement: $950,000.BD
Case Name: William Flynn v. Benjamin Augustine and Jacob Sin
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| Motor Vehicle, Woman alleged that auto collision caused disc injuries, Passenger - Triffina Coley v Rooney Motors, Ltd, Neil Bond, as Executor of the Estate of Anthony Lucatorto; and Beverly Williams, No. 20830/00 (Verdict Search) (Personal Injury Litigation in Hewlett Harbor, NY, 2003-Sep)
Motor Vehicle
Woman alleged that auto collision caused disc injuries
Case Type: Passenger
Case Na
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| Premises Liability, Warehouse's visitor claimed he tripped on high step, Dangerous Condition, Trip and Fall - Robert & Julie Ferraris v. Nussdorf Associates & Quality King Distributors, Inc., No. 13803/04 (Verdict Search) (Personal Injury Litigation in Hewlett Harbor, NY, 2007-Jan)
Premises Liability
Warehouse's visitor claimed he tripped on high step
Settlement: $425,000
Case
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| Assault, Hotel - CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997) (Lois Law) (Personal Injury Litigation in Hewlett Harbor, NY, 1997-Mar)
CYZIO v. RIHGA INTL. U.S.A., 172 Misc.2d 363 (1997)
CHESTER T. CYZIO, Plaintiff, v. RIHGA INTERNATI
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| Personal injury, trip and fall - MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, ETC., ET AL., APPELLANTS, DAYTON CONSTRUCTION, INC., ET AL., DEFENDANTS-RESPONDENTS (Lois Law) (Personal Injury Litigation in Hewlett Harbor, NY, 2001-Mar)
New York Appellate Division Reports
MILDRED SALZBERG, PLAINTIFF-RESPONDENT, v. HADASAH FUTERNICK, E
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| Personal injury, slip and fall, wet leaves - BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent. (Lois Law) (Personal Injury Litigation in Hewlett Harbor, NY, 2006-Sep)
BIBI RAKEEBA MISTR, Appellant, v. BEACH HAVEN APARTMENT No. l, INC., Respondent.
Appellate Division
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| Personal injury, retaining wall, fall, piece broke - JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent. (Lois Law) (Personal Injury Litigation in Hewlett Harbor, NY, 2008-Nov)
JOHN MILLER, et al., appellants, v. MIKE MICHAELS, respondent.
Appellate Division of the Supreme Co
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| Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case) (Personal Injury Litigation in Hewlett Harbor, NY, 2005-Feb)
Murphy v. Lawrence Towers Apartments, 15 A.D.3d 371 (Reported Case). Appellate Division 2nd Dep't ov
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Represented by Donald Kiley Jr., concertgoer claims he was "attacked and assaulted" by fellow unprovoked concertgoers who felt "comfortable to engage in mischief and physical violence" at the encouragement of the rappers. Read
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