Tennessee Complaint For Wrongful Interference With Right To Possession For Burial

State:
Multi-State
Control #:
US-000303
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

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.

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 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.

You don't necessarily need to worry about what happens to your body if you can't afford a funeral. Signing a form at the county coroner can authorize the release of your body to the state or county for burial or cremation. It may be possible to pay a fee to recover your ashes if your family would like them.

Refrigeration is an alternative option, which lasts longer than embalming. Morticians will keep the body in a fridge at two degrees Celsius instead of preparing the body with chemicals. However, you need to keep in mind that a refrigerated corpse will only last for three to four weeks.

A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout preventing the utility company from being able to uphold its existing contracts with consumers.

Yes, a hospital can be liable for negligent mishandling of a corpse if it is found to have acted negligently or improperly in the handling of a deceased person's body.

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Tennessee Complaint For Wrongful Interference With Right To Possession For Burial