Lost Cremation Remains
Hi Danny...I was wondering if you could help me out. My Mother's dog was euthanized two years after she passed away. It was her wishes that he be cremated and placed with her. The vet clinic that had his body sent him to the wrong location and instead of getting his ashes back..he was cremated in mass and his remains are forever lost. Needless to say I am heartbroken.. I have filed a lawsuit and my attorney is a little at loss since he can't find any established civil cases regarding this issue. I'm trying to help find out anything that I can and was wondering if you may know of any cases or information that may be of help. Your reply would be greatly appreciated.
Thanks so much,
Name Withheld by Request
I have set up a time to speak with the counsel for this individual, but the answer to the question is generally fact and state law specific.
As we have discussed before, the attitude on whether pets are personal property or a part of the family vary widely throughout the various court jurisdictions.
Case results for actions for lost cremation remains, a body placed in to a wrong grave site or a totally empty grave site or the wrongful development of a former cemetery are totally non-uniform.
It is difficult, even when dealing with human problems such as this, to find a court that will grant money damages to the family.
General tort (civil action) law provides that there is no property right, in the strict sense or the ordinary use of the term, in the dead body of a human being.
Abuse of a cadaver is more a quasi-property right and that takes us back to the issue of animal versus human rights.
This is a very difficult, emotional and sensitive question that has no simple answer.
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