CHAPTER 59. POTENTIAL LIABILITY OF CEMETERY OWNER

IC 23-14-59

    

Chapter 59. Potential Liability of Cemetery Owner

IC 23-14-59-1

Immunity from liability

    

Sec. 1. A cemetery owner or anyone acting on behalf of a
cemetery owner is not liable in any action for:

        (1) a burial, entombment, or inurnment in the wrong lot, grave,
grave space, burial space, crypt, crypt space, or niche;

        (2) a disinterment, disentombment, or disinurnment of the
wrong deceased remains;

        (3) a repositioning of the remains of a deceased that encroach
upon an adjacent lot, space, grave, grave space, or burial space;

        (4) setting or installing a marker, monument, any type of
memorial, or an outer burial container on the wrong lot, space,
grave, grave space, or burial space; or

        (5) installing any kind of foundation or other type of base for a
marker, monument, or any type of memorial on the wrong lot or
burial space.

As added by P.L.52-1997, SEC.33.

IC 23-14-59-2

Duties of owner upon wrongful burial

    

Sec. 2. When a wrongful burial, entombment, inurnment,
disinterment, disentombment, or disinurnment referred to in section
1(1), 1(2), 1(4), or 1(5) of this chapter occurs, the cemetery owner
shall:

        (1) at the expense of the cemetery owner, correct the wrongful
burial, entombment, inurnment, disinterment, disentombment,
or disinurnment as soon as practical after becoming aware of
the error; and

        (2) notify:

            (A) the spouse, if living, of the deceased person whose
remains were wrongfully buried, entombed, inurned,
disinterred, disentombed, or disinurned, or whose outer
burial container was wrongfully placed;

            (B) the parents, if living, of a deceased minor child whose
remains were wrongfully buried, entombed, inurned,
disinterred, disentombed, or disinurned, or whose outer
burial container was wrongfully placed;

            (C) the person or persons whose marker, monument,
memorial, foundation, or base was wrongfully placed; or

            (D) the person or persons who authorized the original burial,
entombment, inurnment, disinterment, disentombment, or
disinurnment;

        of the occurrence.

As added by P.L.52-1997, SEC.33.

IC 23-14-59-3

Errors caused by improper description

    

Sec. 3. A cemetery owner or anyone acting on behalf of a
cemetery owner is not liable in any action for any error made by
placing an improper description, including an incorrect name or date,
on:

        (1) a marker;

        (2) a monument;

        (3) any type of memorial; or

        (4) the container for cremated remains.

As added by P.L.52-1997, SEC.33.