[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.habbaspilaw.com\/what-type-of-lawyer-do-i-need-to-sue-a-cemetery\/#Article","mainEntityOfPage":"https:\/\/www.habbaspilaw.com\/what-type-of-lawyer-do-i-need-to-sue-a-cemetery\/","headline":"What Type Of Lawyer Do I Need To Sue A Cemetery?","name":"What Type Of Lawyer Do I Need To Sue A Cemetery?","description":"Cemeteries are supposed to be places of dignity and peace. When you pay for burial services, you trust that your loved one will be treated with care. But that doesn\u2019t always happen. Sometimes, graves are mishandled, remains are lost, or dangerous conditions cause injuries. If something went wrong at a cemetery in Orange County or… Continue reading What Type Of Lawyer Do I Need To Sue A Cemetery?<\/span><\/a>","datePublished":"2023-04-19","dateModified":"2026-03-26","author":{"@type":"Person","@id":"https:\/\/www.habbaspilaw.com\/author\/admin\/#Person","name":"Samer Habbas, Esq","url":"https:\/\/www.habbaspilaw.com\/author\/admin\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Samer Habbas & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2020\/04\/Wrongful-Death-Discovery-Rule-1.png","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2020\/04\/Wrongful-Death-Discovery-Rule-1.png","height":507,"width":770},"url":"https:\/\/www.habbaspilaw.com\/what-type-of-lawyer-do-i-need-to-sue-a-cemetery\/","about":["Accidents"],"wordCount":1060,"articleBody":"Cemeteries are supposed to be places of dignity and peace. When you pay for burial services, you trust that your loved one will be treated with care. But that doesn\u2019t always happen. Sometimes, graves are mishandled, remains are lost, or dangerous conditions cause injuries. If something went wrong at a cemetery in Orange County or anywhere else in California, you may be wondering what your rights are\u2014and whether you can take legal action.Below, cemetery negligence lawyers at Law Offices of Samer Habbas & Associates explain what you need to know if you\u2019re thinking about suing a cemetery in California.When Can You Sue a Cemetery in California?You can sue a cemetery when its actions\u2014or inaction\u2014causes harm to you or your loved one. This can include physical injuries on cemetery property, emotional harm caused by the mishandling of remains, damage to a burial site, or failure to follow burial arrangements that were agreed upon.Some common reasons people sue cemeteries in California include:A body is buried in the wrong plotRemains are lost, mixed up, or mishandledThe cemetery breaks a contract or ignores burial instructionsUnsafe conditions on the property lead to injuryThe cemetery fails to maintain graves or the surrounding areaCalifornia law allows lawsuits for these kinds of issues under negligence, breach of contract, or emotional distress claims, depending on the situation.California Laws That Regulate CemeteriesCemeteries in California must follow specific laws that cover how they operate and how they treat the remains of the deceased. These laws are mainly found in two places:The California Cemetery and Funeral Act (Business and Professions Code \u00a7 \u00a7 7600\u20137746), sets rules for how cemeteries and funeral services must be licensed and managedThe California Health and Safety Code \u00a7 \u00a7 8100\u20138728, which covers things like how remains must be handled, where they can be buried, and how cemeteries are supposed to maintain their groundsFor example, cemeteries have a duty to keep their grounds in a decent and safe condition. That includes things like repairing broken sidewalks, securing headstones, and keeping walkways free from hazards. If someone trips and gets hurt because of poor upkeep, that could be the basis for a lawsuit.Emotional Harm Caused by Cemetery NegligenceLosing a loved one is already difficult. When something goes wrong during the burial or afterward, it can make the grieving process much worse. California law allows people to sue for negligent infliction of emotional distress (NIED) when a cemetery does something especially careless or outrageous.Let\u2019s say a cemetery buries your loved one in the wrong plot and doesn\u2019t tell you\u2014or worse, tries to cover it up. That kind of conduct could form the basis of a lawsuit. Or maybe the cemetery dug up a plot by mistake and exposed remains. That would likely support a claim for emotional harm.Physical Injuries on Cemetery PropertyCemeteries are responsible for keeping their property reasonably safe for visitors. If you are injured while walking on cemetery grounds, you may have a premises liability claim under California Civil Code \u00a7 1714(a). This law says that people who own or control property have to take steps to prevent harm to others.You may have a case if:You tripped over uneven ground or a hidden hazardA headstone or structure collapsed and injured youThe cemetery failed to fix a known danger that caused your injuryIn these situations, you’d need to show that the cemetery knew about the dangerous condition (or should have known) and didn\u2019t do anything to fix it or warn you.Breach of Contract by the CemeteryIf you paid for a specific burial plot or funeral service and the cemetery didn\u2019t follow through, you may have a breach of contract case. In California, a written agreement with a cemetery is treated like any other legal contract. That means if they violate the terms\u2014such as burying someone in the wrong location, performing unauthorized cremations, or changing services without your permission\u2014they could be held liable.You may also have a case if the cemetery lied about what was included in your contract. If they intentionally misled you about the services or burial terms, that could be considered fraud under California law.Mishandling of Human RemainsCalifornia has strict laws about how human remains must be handled. Under Health and Safety Code \u00a7 7054.7, cemeteries and funeral service providers must follow specific rules when storing, transporting, and burying remains.If a cemetery mishandles remains\u2014such as cremating a body without permission, losing ashes, or confusing one person\u2019s remains for another\u2019s\u2014that could lead to disciplinary action by the Cemetery and Funeral Bureau. More importantly, it could lead to a civil lawsuit.What Makes These Cases Complicated?Cemetery lawsuits can be complex for several reasons. Some cemeteries are privately owned, while others are run by religious groups or government agencies. Each of these can have different legal procedures. In addition, proving what happened may involve records that aren\u2019t easy to get, such as maintenance logs, burial records, contracts, or communication with cemetery staff.What Is the Deadline to File a Lawsuit?The deadline for filing a lawsuit is called the statute of limitations. In California, the timeline depends on what kind of case you are bringing.Personal injury or emotional distress claims must usually be filed within 2 years of the incident or when you found out about the harm (California Code of Civil Procedure \u00a7 335.1)Breach of written contract claims must be filed within 4 years (California Code of Civil Procedure \u00a7 337)Claims against a government-run cemetery (such as one managed by a city or county) must start with a formal government claim, which must be filed within 6 months of the event under the California Government Claims Act.Contact Orange County Cemetery Negligence Lawyer Samer HabbasIf you or someone you love has been harmed because of cemetery negligence in Orange County or anywhere in California\u2014whether through physical injury, emotional trauma, or failure to follow burial instructions\u2014you may have a right to compensation. You don\u2019t have to handle this on your own. For clarity on your legal rights and what steps to take, contact Law Offices of Samer Habbas & Associates by calling 888-848-5084 or contacting us online for a free consultation with an Orange County cemetery negligence attorney."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"What Type Of Lawyer Do I Need To Sue A Cemetery?","item":"https:\/\/www.habbaspilaw.com\/what-type-of-lawyer-do-i-need-to-sue-a-cemetery\/#breadcrumbitem"}]}]