When you are hurt at a funeral home or cemetery

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• I slipped on something wet at a viewing. Do I have a claim?
• I tripped over a hole or a sunken grave. Who is responsible?
• Does it matter if the cemetery belongs to the city or county?
• They will say I wasn't looking. Can I still recover?

What Florida law says

• Owners must keep the property reasonably safe. A business or property owner generally owes visitors a duty to keep the premises reasonably safe and to warn of dangers it knows about or should know about. The details depend on the facts.
• Slips on a substance in a business. If you slip and fall on a substance that does not belong on the floor (a spill, liquid, or debris) in a business, Florida law requires proof that the business had actual or constructive knowledge of the danger and should have fixed it. Constructive knowledge can be shown with circumstantial evidence that the condition was there long enough that the business should have known, or that it happened regularly and was foreseeable (§ 768.0755(1), Fla. Stat.). That rule does not change any other common-law duty owed by whoever controls the property (§ 768.0755(2)).
• Comparative fault. If you share some of the blame, your award is reduced by your percentage of fault. If you are found more than 50 percent at fault for your own harm, you recover nothing (§ 768.81(6)).

What the law may provide

A visitor hurt because a property was not kept reasonably safe may have a negligence claim against the owner or the company that controlled the property. Funeral homes and cemeteries are often run by different companies, and some cemeteries are owned by a city, county, or religious group. Finding out who controlled the exact spot where you fell is the first job.

What to keep and request

• Photos of the exact spot, the hazard, and the lighting, taken as soon as you can.
• The shoes and clothing you wore. Do not wash or throw them away.
• Names and phone numbers of anyone who saw the fall or helped you.
• A copy of any incident report, or the name of the staff member you told.
• A written request that the business keep its video, and its cleaning or grounds-maintenance logs, for that day. Video can be erased quickly.
• Your medical records and bills from the start.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day of the injury as the deadline, and you should too. Injuries on government property have special notice rules and should be reviewed right away.

What to do first

Get medical care, photograph the spot, report the fall to the staff, and send the written request to keep the video. For more on property injuries, see our unsafe property page.

Questions families ask

I slipped on something wet at a viewing. Do I have a claim?

Possibly. Florida requires proof that the business knew or should have known about the substance and failed to fix it. Proof can include how long it was there or that it happened regularly. Video and cleaning logs are often the key, so act quickly.

I tripped over a hole or a sunken grave. Who is responsible?

Usually whoever owned or controlled that part of the grounds. That may be the cemetery company, a separate maintenance contractor, or another business. We find out who controlled the spot.

Does it matter if the cemetery belongs to the city or county?

Yes. Injuries on government property involve special notice rules, so call promptly.

They will say I wasn't looking. Can I still recover?

You may, if you are not found more than 50 percent at fault. Florida reduces an award by your share of fault, and bars recovery if you are found more than 50 percent at fault for your own harm.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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