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By Burton Fletcher
Question: My monument was chipped
by the cemetery staff. Do I have any options?
Answer: Yes, a claim should be made against the cemetery for
damage caused by inexperienced staff. Negligence is the
absence of due care causing harm to others. If cemetery
employees damage a family monument with a weed eater, mower,
or tractor equipment, you have a right to reimbursement. If
the cemetery is government owned and managed, strict
government claim requirements should be adhered to to avoid a
statute of limitations defense by the government agency.
Repairs can be made to monuments; however, this will require
the expertise of a trained professional. Often, with old
monuments, I recommend replacing the monument entirely, as
repair costs may exceed the cost of a new monument.
Question: Our cemetery has deteriorated, and it has been
neglected for many years. What can I do?
Answer: If the cemetery is publicly managed, this is a
political question. If it is privately owned, you may seek a
cause of action for breach of contract or breach of express or
implied warranties given by the seller at time of sale of the
cemetery plot.
Read your contract carefully and seek a resolution in good
faith with the cemetery provider and public officials.
Document your communications using a polite, positive tone and
always through written correspondence. Attempt to be
reasonable and polite in all communications to avoid
alienating those with whom you are seeking influence, either
directly as in cemetery management, or, if unsuccessful,
through the court system.
If all else fails, contact an experienced lawyer to assist you
with negotiations and to review all options. Litigation is
expensive and should be used only as a last resort. In most
circumstances, I would recommend small claims court if
cemetery management won’t accept responsibility and a
resolution can’t be reached.
Burton Fletcher, with over 20 years business experience, owns
ValdostaMemorials.com. He is a licensed memorialist in Georgia and Florida. He enjoys genealogy and
visiting and studying Southern monuments. Reach Burton at
229.245.8858 or
Burton@ValdostaMemorials.com |
