Funeral Home Litigation
When a cemetery loses a grave or lets it fall into neglect
You go to visit and cannot find the grave. The marker is missing, or the office cannot tell you where your loved one is buried. Or the grounds have been let go: sunken graves, standing water, broken structures.
Florida's Legislature has recognized that failing to maintain cemetery grounds properly may cause significant emotional stress (§ 497.002(1), Fla. Stat.). The law sets duties on records and care.
Call (305) 209-0384 Read the questions first ↓
Read the questions first
What Florida law says
- Every burial recorded. A cemetery company must keep a record of every burial showing the date, the name of the person buried, and the lot, plot, and space (§ 497.276(1)). This burial-records rule applies to all cemeteries in Florida (§ 497.260(2)).
- Every burial marked. A licensed cemetery must place a tag or permanent identifying marker with the decedent's name and date of death on the outer burial container or cremation interment container, or inside the crypt or niche (§ 497.171(3)(b)).
- A duty of care. The cemetery company or other entity responsible for a licensed cemetery must keep its grounds, structures, and improvements well cared for and maintained in a proper and dignified condition (§ 497.262).
- Money set aside for care. A cemetery company may not establish or operate a cemetery without providing for its future care and maintenance through a care and maintenance trust fund (§ 497.266(1)).
- Bylaws on request. A licensed cemetery must provide a copy of its bylaws to anyone who asks (§ 497.152(11)(h)).
What the law may provide
Florida lets any person bring a civil action against a person or company that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). A family may also have claims for breach of the burial-rights contract or negligence. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation. If a family wins a civil case over a Chapter 497 violation by a licensed cemetery company, the court may order the cemetery company to pay the family's reasonable attorney's fees and costs (§ 497.169(2)). Fee rules can affect both sides in a lawsuit; we explain them before filing.
What to keep and request
- The burial-rights papers, the plot number, and any map.
- Photographs of the grave and grounds, dated.
- Every written complaint you have sent the cemetery, and its answers.
- A written request for the interment record, the map, and the bylaws.
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 it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.
What to do first
Photograph what you see, send the records request in writing, and keep copies. For a licensed cemetery, a written complaint can also go to the Division of Funeral, Cemetery, and Consumer Services; talk with a lawyer first if remains may have been disturbed. See Cemetery negligence and What to do right now.
Questions families ask
The cemetery says it cannot locate the grave. What should I ask for?
Ask in writing for the burial record, the plot assignment, and the cemetery map. Florida requires every cemetery to keep a record of each burial by lot, plot, and space. Keep a copy of your request and the answer.
Who is responsible for upkeep?
For a licensed cemetery, the cemetery company or other entity responsible for its care. Florida also requires licensed cemetery companies to maintain a care and maintenance trust fund.
The cemetery is run by a church or the city. Do these rules apply?
Some do not. Florida exempts certain cemeteries from most cemetery rules, including county and city cemeteries, small religious cemeteries, and small family cemeteries. The burial-records rule still applies to all cemeteries, and some larger exempt cemeteries must go through a state investigation and mediation process when a consumer complains. A government-run cemetery also brings special notice rules before any lawsuit.
How long do I have?
Two years from the day it happened is the deadline we use in every case. Neglect can build over time, so call when you first notice a problem.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.
You can read about some of our past cases on our Results page.
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