§ 62-5-511 — Crematory facility operator liability

(a) The operator of a crematory facility is not liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; (2) Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or (3) Any failure to correctly identify a dead human body prior to cremation. (b) The operator of a crematory facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation. (c) The operator of a crematory facility is not liable for damages in a civil action in connection with the cremation of or disposition of the cremated remains of any dental gold, jewelry or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith or in a wanton or reckless manner. (d) This section does not create a new cause of action or substantive legal right against the operator of a crematory facility. (e) This section does not affect any immunities from civil liability or defenses established by law to which the operator of a crematory facility may be entitled.

Legislative History

Acts 1999, ch. 215, § 11; 2000, ch. 779, §§ 25 - 28.