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.
Cemetery Burial For Your Pets
We have talked about the common methods of backyard burials and cremation for the disposal of the remains of your pet.
We continue to pass along information from the Pet Loss Support Page, regarding these issues:
"You'll find pet cemeteries in nearly every state; some have literally dozens. For many, a formal cemetery burial seems a more fitting tribute than an informal "backyard burial". Burial in a pet cemetery also ensures that your pet's remains will remain undisturbed, and cared for, "in perpetuity." You will not have to worry about what will happen to your pet if you have to leave the property on which it is buried; it will be cared for, no matter where you go or what happens to you. Cemetery burial can be a costly option, but many find it a comforting, secure way to handle a pet's remains. A pet cemetery will usually be able to pick up your pet from your home or from a veterinarian's office. If you wish, you can make arrangements for a complete funeral and memorial service."
When the time comes, none of these choices will be easy, but at least you have some background information to allow you to make the best choice for you and your family.
Additional Thoughts on Your Pet's Remains
Last week we talked about the three most common methods for the disposal of the remains of your pet,; backyard and cemetery burials and cremation.
We passed along some information from the Pet Loss Support Page, regarding home burials.
Today we look at the second option of cremation:
"Many people feel that providing a dignified burial or cremation for a pet is a final, fitting act of farewell. They feel that it is the last act of love that they can offer a pet, and it is also, quite often, an important act of closure. Actually being able to view, touch, and say farewell to a pet's body can help one accept that the pet is really dead, that it is not going to come back -- and also that it is not suffering in any way. If it is important to you to see that your pet's remains are treated with the same concern and care that you gave your pet during its life, then you should look into home burial, pet cemetery burial, or cremation through a pet crematory. Here's a closer look at these options:
If you would still like to keep your pet's remains on your property, but don't have a place to bury an actual body (especially that of a large pet), consider having your pet's remains cremated and returned to you for burial. This still has the advantage of keeping your pet "at home," but bypasses health problems or the concern that the pet's remains might be disturbed later. Or, you can keep the pet's ashes in a decorative urn or container; you'll find a wide range of such products in the classified ads of any pet magazine.
Many pet owners choose to scatter a pet's ashes rather than preserve them. Some choose to scatter the ashes in the pet's own yard, where it lived and played; this is another way of bringing the pet "home" one last time. Others choose to scatter the ashes in a way that symbolizes setting the pet "free" for its final journey -- such as in the woods or over a body of water, or just into the wind. Pet crematories can now be found in many cities; a pet crematory can usually pick up your pet's remains from a veterinarian or from your home. Some veterinarians also provide cremation services; some will do so at no extra charge if they have euthanized your pet or if it dies at the vet's office. (Not all veterinarians provide this service, so it might be advisable to check this in advance.)
Next, we will examine the third type of disposal with the use of a cemetery burial for your pets.
