(A) A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section 32-8-325 and if the cremation is performed in accordance with this chapter.
(B) A crematory authority is not liable for damages resulting from refusing to accept or cremate human remains or refusing to release or dispose of cremated remains if the authority is aware of a dispute concerning the remains or if the authority has a reasonable basis for questioning a statement or representation made by the decedent's agent.
(C) A crematory authority is not responsible or liable for valuables delivered with the human remains unless the crematory authority has received written instructions in accordance with Section 32-8-325(A)(2)(j).
(D) No cemetery is liable for cremated remains that are dumped, scattered, or otherwise deposited on the cemetery in violation of this chapter, if that action is taken without the cemetery's consent.
HISTORY: 1994 Act No. 435, Section 1.
Structure South Carolina Code of Laws
Title 32 - Contracts and Agents
Chapter 8 - Cremation Authorizations And Procedures
Section 32-8-300. Short title.
Section 32-8-305. Definitions.
Section 32-8-310. Crematory; compliance with local zoning regulations.
Section 32-8-315. Execution of a cremation authorization form.
Section 32-8-320. Persons who may serve as a decedent's agent; authorize cremation.
Section 32-8-325. Prerequisites; authority; and receipt of instructions for cremation.
Section 32-8-330. Crematory to retain permanent records.
Section 32-8-335. "Alternative container".
Section 32-8-340. Conditions for cremation, time period prior to cremation.
Section 32-8-350. Crematory's liability for damages.
Section 32-8-355. Human remains; presence of pacemaker.
Section 32-8-365. Solicitation.
Section 32-8-370. Comprehensive cremation statute.
Section 32-8-375. Continuing education courses for removal and disposition of pacemakers.
Section 32-8-380. Promulgate regulations.
Section 32-8-385. Requirement for at least one trained individual in performing cremations.